Adapting a book...copyright?

[ajedproduction]

Adapting a short story from a book into a short film.

I'm sure that would be stepping into the dreaded land of copyright infringement unless you get permission to adapt it.

But is it really something to be worried about if it's your own interpretation of the story, meaning you change a lot of story elements and give it it's own name? So then it becomes more "inspired by" rather than a straight up adaptation?

I've seen a very successful short film based on the story I'd like to adapt(or use as influence), the film even screened at Tribeca. I spoke to the creator and he said he didn't get the permission to adapt it, he just did it.

So is it safe or???

 

[baoliun]

So there is a story and a very successful film and you still want to make a film inspired by it???

If you make a film for yourself - doesn't matter, if you are planning commercialising it, buy the freaking rights. Even matrix lost their case. Another option is find a public domain one ( make sure it actually is public domain)

 

[CraigL]

Even matrix lost their case.

I thought that was debunked... validly or not.

CraigL

 

[photon]

So is it safe or???

Depends... plots aren't copyrightable and there isn't such a thing as a completely original idea. If you'll make your story different enough, it's fine. So many movies have started off basically as die hard on an X. Don't just do a find and replace on an existing story but instead use it a a source of inspiration and end up creating something original.

So to recap: adaptation is a no-no, "inspired by" is OK.

 

[GuerrillaAngel]

If you "adapt" a book without the rights and if just one line uttered by an actor happens be in the book, you are cooked.

 

[Lucky Hardwood]

Adapting is taking a book or other literary work and adapting it for the screen. This requires permission from the owner of the copyright on the original literary material. The exception is works in the public domain. Public domain works are intellectual properties that have no effective copyright due to their age or other factors. If you go back far enough, you can find almost every basic story idea in a book/essay/poem in the public domain.

Making a movie that is your own that happens to be inspired by a book or other movie is fine, it happens all of the time. The caveat to this is that you are not allowed to use any direct quotes from the work that inspired you.

This is of course just my own opinion and has no legal merit at all whatsoever. When in doubt, consult an entertainment attorney.