Using Project Gutenberg material to make a scripts, and money. (copyright expired)

D

Deer Film

Well-known member
Hi
I was looking at different books on http://www.gutenberg.org. They all have NO copyright.
Stories like Huck Fin, Sherlock Holmes,Wizard of oz, and such.

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Our ebooks are free in the United States because their copyright has expired. They may not be free of copyright in other countries. If you live outside of the United States, you must check the copyright laws of your country before downloading or redistributing our ebooks. We also have a number of copyrighted titles, for which the copyright holder has given permission for unlimited non-commercial worldwide use.

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If I were to make my own movie script from one of these books. And I read a little about Wizard of Oz legal stuff, so I can't make any of my characters or songs similar to the movie. Like Dorthy can't wear the same dress, and my lion and tin man need to look and act different.
I have to read the original novels with my mind closed to the movies that have been made and create my own picture and design and script.
(Basically I want to make a few movies for my daughter and maybe others would want to watch them on youtube.)

So on to my question, if I make my own original screen play, add or subtract things, am I able to produce a movie and lets say put it on youtube with out any legal trouble? And is it ok on youtube to accept I make money through adds on my video, because everything I make and do will be of my own creation and using a script from a no-copyright book?
 
Deer Film said:
Hi
I was looking at different books on http://www.gutenberg.org. They all have NO copyright.
Stories like Huck Fin, Sherlock Holmes,Wizard of oz, and such.

---
Our ebooks are free in the United States because their copyright has expired. They may not be free of copyright in other countries. If you live outside of the United States, you must check the copyright laws of your country before downloading or redistributing our ebooks. We also have a number of copyrighted titles, for which the copyright holder has given permission for unlimited non-commercial worldwide use.

----
If I were to make my own movie script from one of these books. And I read a little about Wizard of Oz legal stuff, so I can't make any of my characters or songs similar to the movie. Like Dorthy can't wear the same dress, and my lion and tin man need to look and act different.
I have to read the original novels with my mind closed to the movies that have been made and create my own picture and design and script.
(Basically I want to make a few movies for my daughter and maybe others would want to watch them on youtube.)

So on to my question, if I make my own original screen play, add or subtract things, am I able to produce a movie and lets say put it on youtube with out any legal trouble? And is it ok on youtube to accept I make money through adds on my video, because everything I make and do will be of my own creation and using a script from a no-copyright book?
Click to expand...

Deer Film,

Copyrights have become so complex, due to the various Mickey Mouse Laws which essentially granted corporations copyrights in perpetuity, that unless the work has been published before 1900, I'd not use it without a legal opinion of the Public Domain status.

Any published author later than that, that anyone has heard of, most likely has some vulture holding a copyright or reinstating a copyright, and so would have grounds for a suit.

You should also be careful of works in various languages, and note that while the original book in the author's language may have passed into Public Domain status, the translations may not have, or in fact be quite recent.

So, in that case, one would have to find a pre-1900 translation to work from.

The Mickey Mouse company also produced a number of films based on Grimms Kinder und Hausmärchen... so one would have to steer clear of resembling those films...

In the 80's Terry Gilliam made a film adaptation, titled "The Adventures of Baron Munchausen"(1988), of tales relating to Baron von Münchhausen, an 18th century german personality, who was given to telling tales. There were works written by Rudolph Eric Raspe, oddly... in English, and a german translation, by Gottfried August Bürger. Both works written in the 18th century... both works clearly 'Public Domain'.

Ah... but in 1943 a german film version was made, "Münchhausen"(1943), of Bürgers translation of the Baron von Münchhausen tales, which after the rights to the work, as was the case with many german 'intellectual property rights', was sold. Speed forward to 1988...

The Gilliam production was sued by the copyright holder, Allan Buckhantz, of the 1943 film, claiming that he had 'sequel' or 'adaptation rights'. The end result was that with a disclaimer on the Gilliam film, that it was a 'new adaptation based on Public Domain works'... but the point is some one had to pay lawyers to deal with the suit.
 
geez, what a headache. It sounds easier to just come up with my own script. I can't afford to pay any lawyers.

To me, a lot of copyrights are just being selfish.
Like the song Happy Birthday, I mean, come on, do you really need to pay money to use this song. Or the script Wizard of Oz. School plays would love to use this more, it is supposed to be enjoyed, not for money.
"the story of "The Wonderful Wizard of Oz" was written solely to please children of today. If you make a movie, make money on the sales or t-shirts, but geez, let people have fun and be creative with no-copyright material and not fear being sued.
I wish I could copyright scripts so they are not copy-righted.
Is there anything, any web site that has scripts like this?
I can make my own with time, but it would be fun to try to make some that have already been made.
 
j1clark@ucsd.edu said:
Deer Film,

Copyrights have become so complex, due to the various Mickey Mouse Laws which essentially granted corporations copyrights in perpetuity, that unless the work has been published before 1900, I'd not use it without a legal opinion of the Public Domain status.
Click to expand...

Works published BEFORE 1923 in the United States are NOW in the public domain. Other works, a rough guide is here: http://www.unc.edu/~unclng/public-d.htm

j1clark@ucsd.edu said:
You should also be careful of works in various languages, and note that while the original book in the author's language may have passed into Public Domain status, the translations may not have, or in fact be quite recent.
Click to expand...

Translations are derivative. A translation does not extend copyright to the original. So a book, movie, whatever... published in the US in English in 1920, and then translated in 1960 into French, is in the public domain. You may copy, use, make new derivatives of... the English work. Knock yourself out!

For more, read Circular 14 from the Copyright Office (pdf): http://www.copyright.gov/circs/circ14.pdf

j1clark@ucsd.edu said:
So, in that case, one would have to find a pre-1900 translation to work from.

The Mickey Mouse company also produced a number of films based on Grimms Kinder und Hausmärchen... so one would have to steer clear of resembling those films...

In the 80's Terry Gilliam made a film adaptation, titled "The Adventures of Baron Munchausen"(1988), of tales relating to Baron von Münchhausen, an 18th century german personality, who was given to telling tales. There were works written by Rudolph Eric Raspe, oddly... in English, and a german translation, by Gottfried August Bürger. Both works written in the 18th century... both works clearly 'Public Domain'.

Ah... but in 1943 a german film version was made, "Münchhausen"(1943), of Bürgers translation of the Baron von Münchhausen tales, which after the rights to the work, as was the case with many german 'intellectual property rights', was sold. Speed forward to 1988...

The Gilliam production was sued by the copyright holder, Allan Buckhantz, of the 1943 film, claiming that he had 'sequel' or 'adaptation rights'. The end result was that with a disclaimer on the Gilliam film, that it was a 'new adaptation based on Public Domain works'... but the point is some one had to pay lawyers to deal with the suit.
Click to expand...

I think I remember reading about this a few years back. Is it the one where the producer submitted a script to the studio, which passed, and then came out with their own film that had some stuff similar to what was in the producer's script but not in the original public domain? (I know, that could be a lot of movies.)
 
I just want to take a script like L. Frank Baum Chicago, April, 1900.THE WONDERFUL WIZARD OF OZ, make a simple script and then make a fun, cheesey, video with greenscreen effects, and family acting in it. I want to make this for my special needs child. And of course I would like to throw it up on my youtube and hope to make a couple of bucks with advetising on youtube. .... ok maybe a couple of cents.
And then with time maybe make a version of Tom Sawyer.
Do you think I would have much to worry about if it is not going to big screen, just youtube?
 
Deer Film said:
I just want to take a script like L. Frank Baum Chicago, April, 1900.THE WONDERFUL WIZARD OF OZ, make a simple script and then make a fun, cheesey, video with greenscreen effects, and family acting in it. I want to make this for my special needs child. And of course I would like to throw it up on my youtube and hope to make a couple of bucks with advetising on youtube. .... ok maybe a couple of cents.
And then with time maybe make a version of Tom Sawyer.
Do you think I would have much to worry about if it is not going to big screen, just youtube?
Click to expand...

Doesn't matter where it's shown.

But why not make your own adaptation of the original book. Just don't copy the famous movie. That means the songs too.... Write your own songs. Or use the ones from the 1902 musical. Just don't copy the 1939 film. (And keep in mind, they added and changed some stuff in their adaptation of the book, so make sure you're not borrowing any of their changes.) Lots of others have made adaptations:

http://en.wikipedia.org/wiki/Adaptations_of_The_Wizard_of_Oz
 
Deer Film said:
I just want to take a script like L. Frank Baum Chicago, April, 1900.THE WONDERFUL WIZARD OF OZ, make a simple script and then make a fun, cheesey, video with greenscreen effects, and family acting in it. I want to make this for my special needs child. And of course I would like to throw it up on my youtube and hope to make a couple of bucks with advetising on youtube. .... ok maybe a couple of cents.
And then with time maybe make a version of Tom Sawyer.
Do you think I would have much to worry about if it is not going to big screen, just youtube?
Click to expand...

Knock yourself out - I wouldn't worry even the slightest as long as you don't make any money off of it (and even then it's nothing more than a slight gamble).
 
keylight said:
Works published BEFORE 1923 in the United States are NOW in the public domain. Other works, a rough guide is here: http://www.unc.edu/~unclng/public-d.htm
Click to expand...

I'll agree from the various 'circulars' that for US authors, published before 1923, the work will be in PD status. However, the US law makes an exception for 'foreign' authors via Uruguay Round Agreements Act, which may affect a foreign author's work which is was not propertly registered or renewed originally.
 
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Deer Film said:
I just want to take a script like L. Frank Baum Chicago, April, 1900.THE WONDERFUL WIZARD OF OZ, make a simple script and then make a fun, cheesey, video with greenscreen effects, and family acting in it. I want to make this for my special needs child. And of course I would like to throw it up on my youtube and hope to make a couple of bucks with advetising on youtube. .... ok maybe a couple of cents.
And then with time maybe make a version of Tom Sawyer.
Do you think I would have much to worry about if it is not going to big screen, just youtube?
Click to expand...

Here's a wiki article on the status of OZ books. From this wiki, all of the original Baum written books are in PD status as far as the US goes. However, there were other authors who extended the OZ world, and those are hodgepodged as to Public Domain status...

http://oz.wikia.com/wiki/Copyright
 
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j1clark@ucsd.edu said:
I'll agree from the various 'circulars' that for US authors, published before 1923, the work will be in PD status. However, the US law makes an exception for 'foreign' authors via Uruguay Round Agreements Act, which may affect a foreign author's work which is was not propertly registered or renewed originally.
Click to expand...

Yes, that's right. But I think a little more clarity for those who are into this stuff. I believe all works published prior to 1909 are in the public domain in the United States. So what we are talking about with URAA is any work published outside of the US between 1909 and 1922. To that:


  • If that work was copyrightedin the United States prior to 1923, then that work's copyright in the US has expired, just like all other pre-1923 copyrights, regardless of whether the copyright is still valid in the original foreign country.
  • If that work was copyrighted in a foreign country before 1923 and that copyright is still valid in the foreign country, and it was never copyrighted in the US, then the US would have to recognize that copyright.
  • If that work was copyrighted in the US after 1923 and has since fallen into the US public domain, but it is still under copyright in its original foreign country, then those copyrights are restored by URAA.

EDIT: Update to provide clarity on the 1909 date. This discussion is only about the US. In other countries the laws are different.
 
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the public domain is a goldmine of great material, but I wouldnt think of it as some get rich quick scheme- the story doesnt give you the whole script, its just a springboard. its a monumental feat to do a totally original screenplay- whew! if you love your genre youd read in it anyway-- I love horror, I read old great horror literature both for the joy of it and to improve my writing/understanding of my genre, and to find material to adapt. I try to always be reading something great in my genre. I have loads of books, compilations filed with great PD ghost stories, more great material then anyone ever do.

My next short is an adaptation of "The Damned Thing" by ambrose bierce (takes place in present day, but i kept the essense i think)...

the feature im writing is an adaptation of an arthur machen (pre-cursor to lovecraft) work.

all leading up to... "Dracula 2013"!

do I look like Im kidding

-straight face--
 
Not an expert, but I doubt that information re: pre 1923 published works is accurate. I had trouble with one published in 1890.
 
Lustgarten said:
Not an expert, but I doubt that information re: pre 1923 published works is accurate. I had trouble with one published in 1890.
Click to expand...

Don't know how the situation in the US is - for Europe works become puplic domain 70 years after the death of the author. So if somebody published in 1890 and was 20 years of age and died 65 years later, the author's rights - better: that of his heirs - will be protected until 2125. Would be an unusual combination, but possible.
 
Rolf Silber said:
Don't know how the situation in the US is - for Europe works become puplic domain 70 years after the death of the author. So if somebody published in 1890 and was 20 years of age and died 65 years later, the author's rights - better: that of his heirs - will be protected until 2125. Would be an unusual combination, but possible.
Click to expand...

That's the law as it stands today, for works published recently. Like all laws, copyright laws have changed over time. I know US law, not other countries laws, but I did find this which might be a good starting point: http://outofcopyright.eu/

Edit: I updated my ealier post to make it a bit clearer that I'm talking about copyright in the US, not in other countries.
 
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you can do anything you want by your own, there will always be ressemblance with something written/shot previously.
the trick is if you do big money, there will always be somebody to ask for his share. In your case i wouldn't care.
http://www.moongadget.com/origins/flash.html
http://www.youtube.com/watch?v=qnOL8Fx3Tvc

Had Lucas any problem with that ?

And if you looked at "I Robot", it is sometime almost word for word from the Asimov books, but they just vaguely admitted it in the credits.
 
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Actually, the story is that Lucas wrote Star Wars because he couldnt get the rights to do the Flash Gordon movie he wanted to.

I'm currently writing an indie superhero movie starring my favorite Marvel character. I realized the only way to fulfill my geek dream of making that character's movie is to to do what Lucas did.

Copyright worries?

Naaahh.

As I work my creativity on it (pull from other influences/sources- horror films, arthouse films, etc), you cant tell its roots are in the marvel character anymore than most people notice thats Star Wars is based largely on Flash Gordon, and even if you did spot the influence, its different enough to be just that-- an influence, not a rip-off.
 
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