Short Fan Film with Rights?

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digitalskylight

Active member
Hi everyone,

I'm trying to get a fan film off the ground based loosely on a novel I really love. Unfortunately, it appears one of the Hollywood studios holds the rights, but haven't done anything with it since the 1960s (with failed attempts at bringing it to life in the 90s and early 2000s).

Are there workarounds, like changing names? Most of the short film is actually changed around and simply using the basic idea this book presented, although one of the key scenes in the novel is something I'd like to keep in the short.

I did try contacting the publishers, but have not heard anything at all for quite some time.
 
"Basic ideas" aren't protected by copyright at all, just the expression of them. In fact, I'm sure you can find numerous other novels, short stories, and film that have the same idea told in a slightly different way.
 
Snazzy Flapper said:
"Basic ideas" aren't protected by copyright at all, just the expression of them. In fact, I'm sure you can find numerous other novels, short stories, and film that have the same idea told in a slightly different way.
Click to expand...

If it's using similar imagery, characters, and a line or two of dialogue, though, that would be violating copyright though, correct? I'm just wondering what options there are to still be able to create a not-for-profit fan film and put it out there in the world.
 
Maybe, maybe not. Most fan films just settle on the fact that hey have no rights and include a huge disclaimer up front. That's probably the best route.
 
digitalskylight said:
Hi everyone,

I'm trying to get a fan film off the ground based loosely on a novel I really love. Unfortunately, it appears one of the Hollywood studios holds the rights, but haven't done anything with it since the 1960s (with failed attempts at bringing it to life in the 90s and early 2000s).

Are there workarounds, like changing names? Most of the short film is actually changed around and simply using the basic idea this book presented, although one of the key scenes in the novel is something I'd like to keep in the short.

I did try contacting the publishers, but have not heard anything at all for quite some time.
Click to expand...

There is not much you can do, other than find out who has bought the rights, and buy them for yourself.

I'm not sure how 'fan' adaptions actually are legally 'viewed'. My first guess is that they are in violation of copyright law (at least in the US), and are just for the most part 'ignored' by the copyright holders. A 'parody' however, does have a defendable status in copyright law, and as long as your 'work' is clearly a parody, you may be 'ok'... a few thousand in legal fees (well, who knows how much really...), and you may have an actual lawyer's opinion...
 
You are correct. Fan films violate copyright law and can be taking down by the license holder. But they usually aren't. If it's good enough some fan films receive outright support. Just don't use any digital files (music, for example) or images taken directly from something else. There is no clear way to get permission to create anything, since you are unreliable and risky to the brand owners. Instead, it's best to just go for it and realize you may not get to show it off if someone has a real issue.
 
I would say because the fan film has a built in audience, whereas an original work will likely be seen by very few people not directly connected to the project unless it's a really awesome concept that appeals to a large demographic. That same problem comes up if you create something inspired by another work, which is why I say just go for it. Not great legal advice, but good marketing advice.
 
j1clark@ucsd.edu said:
T

I'm not sure how 'fan' adaptions actually are legally 'viewed'. My first guess is that they are in violation of copyright law (at least in the US), and are just for the most part 'ignored' by the copyright holders. .
Click to expand...

Don't be afraid, to talk to the boss (owner)
George Lukas gave us a ton of leeway, when we did "Indiana Jones and the Spear of Destiny"
We where even able to screen it in a regular theater for a week.
He asked for nothing but a Bluray copy.

Worst thing that can happen is, that he says nay.
But then you have some certainty at least.

Frank
 
The issue with this fan film is that Mel Gibson holds the rights to it, and the publishers won't return my calls or emails asking if I can have permission to adapt just a scene or two from the Fahrenheit 451 book.

As of now, these are the elements that are from the book itself that I'm wondering how much of an issue there will be:

-burning books to "save humanity"
-a line of dialogue
-character names

Other than that, everything is pretty darn original.
 
The book is hardly the first or only one to explore book burning, and has no copyright on the idea. Sure, Ray did it very well - honour him by doing the same.

Change a few words in the line of dialog or rephrase it entirely.

In an entire fictional world, why limit yourself to the book's original characters and names?

You can easily write a short film that explores the same concepts as the original book's eqiuvalent scenes, without copying a single word from the original. That will make it entirely yours, while still being interesting and original even to fans of the book.
 
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