Adapting an existing work into a screenplay

[JRy]

There is a Japanese horror film I am a huge fan of -- and while I write a lot of my own work, I just can't shake the idea of adapting this film for a western audience. It's been on my mind constantly for the last several months.

Obviously I don't want to waste time writing something that I could never use, so my question is this:

Is it acceptable in the film industry to write an adaptation for a work which you have no permission/rights to, in the hopes of gaining interest from a producer... Who would then obtain all the necessary rights from the original creator in the event the adaption were ever green-lighted?

I do know when writing a screenplay, you can note that the work is an adaptation on the cover page...

Does anyone know of anything like that happening in the industry before? I really, really want to do this.

I don't think this idea is ever going to get out of my head -- I've considered just writing the screenplay, registering it with the WGA and trying to open up talks with the original creator, going as far as hiring a translator if they don't speak English and working out a deal with them... As in, they provide me with written permission to option/sell the screenplay and they get a certain (large) percentage of the deal.

If you were in my position, what would you do?

 

[Unknown Screenwriter]

JRy,

As it is with adapting a book to film, the rights for the adaptation have to be purchased in order to SELL the adapted screenplay.

And technically -- one could easily be sued for performing the adaptation without first obtaining the rights to do so...

Having said that...

It's still done every day... LOL.

There are still screenwriters who write sequels with no rights to do so... Screenplay adaptations of books with no rights to do so -- and what you want to do... Adaptations of foreign films with no rights to so.

And every once in a while, these people get lucky and make a sale...
And every once in a while, these people get sued.

So of course I do not recommend going this route and should you go ahead and decide to do so, be forewarned that you MIGHT end up painting yourself into a corner i.e., you have a great piece of material -- maybe even sales worthy -- but who do you show it to?

First thing a producer is going to ask you is: DO YOU HAVE THE RIGHTS TO THE ORIGINAL MATERIAL?

Of course you will say NO. The producer will then PASS on your material.

You MIGHT be able to take a script like that and use it to get yourself an agent or manager or both -- however... As simply a writing sample, you still run the risk of getting sued.

Most producers would take a pass... Why? Because not only would they have to purchase your screenplay but because you wrote a screenplay that you had no LEGAL right to write, you're also forcing them to buy the rights so that your screenplay is now legal.

Just ain't gonna happen. Even IF your script was that good, 99.9% of producers will pass because of that little wrinkle.

Agents and managers are another story however... They will take the material and show it around as simply a writing sample but again be forewarned... Any activity that develops from those showings have the potential to get a lawsuit rolling.

Now it's quite possible that you could actually TRY to obtain the rights to adapt the material to an American audience yourself... You would of course have to contact the film's producers and start that ball rolling but it's been done before and by screenwriters with absolutely no money... I would be prepared however, to show these prospective producers some OUTSTANDING writing samples to prove you know how to write... Be forewarned (again) however, that if they like your script, your agreement will very likely be that you only have a certain amount of time to sell it and after that, you could lose all your rights AND QUITE POSSIBLY -- the screenplay itself...

Bottom line?

Pain in the ass.

filmy

 

[clive]

No, it's not acceptable.

You can't adapt work unless you've reached an agreement with whoever holds the copyright.

The only thing you could do is do some research, find out who holds the copyright to the original script... make an approach and try to cut a deal where-by they would get a part of any sale.

That's going to be a difficult pitch for a young, unknown writer.

The other option would be to find a producer who makes this kind of movie... and then persuade the producer to come up with both the option money for the copyright holder... and a writing fee for you to write it.

But again... you have to ask yourself why at this point a producer would invest in you as the writer, even if they like the project.

So, what I'd do at this point is write a killer and original spec script, which you can go to producer with as a "calling card" script... then make your pitch.

Your calling card script is what proves you have the chops to complete the adaptation.

On top of that, I'd also create a step-outline of the adaptation... and I'd write maybe the first ten pages of the adaptation... or maybe a key sequence.

But, what you can't do with those sequences is register them... because in a strictly legal sense you shouldn't even write those until you've negotiated a deal with the copyright holder.

It's a delicate balancing act... and with all legal situations relating to the film world, when in doubt err on the cautious side. This isn't an industry in which you want to leave yourself legally exposed... because the only people who make more money than the producers in LA are the lawyers.

My experience of Hollywood lawyers is they have absolutely no sense of humour and pursue the interests of their clients well beyond the limits of good sense... they will use a sledgehammer to crack the smallest of nut.

 

[JRy]

Thanks, guys. I was pretty sure it was not acceptable, I just wanted to make sure. My best course of action would probably be to get some good work out there and use that as a springboard to talk directly with the creators/rights holders.

I may work on the screenplay over the course of the next several months (while working on other projects), just to get it out of my head -- I'll just keep it private until the time is right.

 

[wcmartell]

write your own material

As others have said, the best thing to do is write your own original material... and forget about the adaptation (which you can not write because you do not own the rights).

Interesting original material will open doors for you.

- Bill

 

[Newbie]

Adapting question

I am new and have a few questions. As always (I bet) new people always get it into their heads of adapting work and cannot let go. I realise I may have to let my idea go.

I am definitely sure a studio has bought the rights for the film I want to adapt. Therefore I do not have the rights to adapt it. But I am sure they want it made.

When studios buy rights to films how long do they last for?

Are new writers allowed to approach them with a good script? And would they be able to get their work copyrighted and protected normally? (not written yet)

Also is there a proper way for searching the legal rights for film in the US?

And do the studios always must have to hire writers to adapt things for film?

I have tried to search for this info in google and checking other sources online like US Copyright office but cant find what I am looking for.

I know this is a lot.

Thankyou for your time.

 

[AvsB]

i was wondering i would love to remake my fav movie of all time which happens to be a 1994 Irish film how would i go about that since the originatr of the film is dead

 

[Lord of Light]

^ I guarantee you someone somewhere has the rights to it, so no.

 

[Lord of Light]

I am new and have a few questions. As always (I bet) new people always get it into their heads of adapting work and cannot let go. I realise I may have to let my idea go.

I am definitely sure a studio has bought the rights for the film I want to adapt. Therefore I do not have the rights to adapt it. But I am sure they want it made.

When studios buy rights to films how long do they last for?

Years. I don't know exactly how many but it could be up to ten years. That's why it's called development hell.

Are new writers allowed to approach them with a good script? And would they be able to get their work copyrighted and protected normally? (not written yet)

Have to have the original writers option it to you first.

Also is there a proper way for searching the legal rights for film in the US?

Copyright office. Maybe the WGA. Haven't really looked into it though.

And do the studios always must have to hire writers to adapt things for film?

It depends on the given situation. Sometimes a script like The Dark Knight falls on their laps which is brilliant in and of itself and needed no other writers. Other times it's a screenplay for The Happening which was in dire need of a rewrite and/or other writers.

I have tried to search for this info in google and checking other sources online like US Copyright office but cant find what I am looking for.

Keep on truckin, my friend. You can never learn too much. My advice is to get a hold of some screenwriting books. I'm sure your local Borders or Barnes and Noble will have something. Most of them usually have an entire chapter devoted to copyrighting. If you don't have one of those stores nearby, try a local college. One of their bookstores or libraries is bound to have something.

I know this is a lot.

Thankyou for your time.

Hope it helped. Welcome to indietalk.

 

[wcmartell]

If a studio owns the rights, the thing to do is write a bunch of great original screenplays so that you are the one they come to to adapt the movie - because there is no other way. None.

- Bill

 

[Unknown Screenwriter]

Read the following...

I am new and have a few questions. As always (I bet) new people always get it into their heads of adapting work and cannot let go. I realise I may have to let my idea go.

I am definitely sure a studio has bought the rights for the film I want to adapt. Therefore I do not have the rights to adapt it. But I am sure they want it made.

When studios buy rights to films how long do they last for?

Are new writers allowed to approach them with a good script? And would they be able to get their work copyrighted and protected normally? (not written yet)

Also is there a proper way for searching the legal rights for film in the US?

And do the studios always must have to hire writers to adapt things for film?

I have tried to search for this info in google and checking other sources online like US Copyright office but cant find what I am looking for.

I know this is a lot.

Thankyou for your time.

http://en.wikipedia.org/wiki/Public_domain#Since_1978

Orphan Works

U.S. Copyright Search

--Let me get this straight... You want to adapt an old film to a new film? Wouldn't that be a remake? As a new writer, your chances of getting anyone at a studio to read your script or listen to your pitch are not good at all.

As Bill said, you'd be better off writing some original screenplays of your own and of course SELLING them and then of course, hoping they go into production i.e., then you'll have a track record. While you attempt to create a track record for yourself, you'll want to look into obtaining representation -- agent -- manager -- or both.

Although not impossible to do this without representation, it is a lot more difficult to get anyone in the position of letting you attempt a remake/adaptation -- whatever -- to even listen to you.

filmy

 

[directorik]

Off topic a bit, but considering that this topic is 33 months old
(2 years 9 months since the last post) I’ll go ahead and derail it.

I find it interesting that we often get post about the current
state of “Hollywood” and all the remakes and sequels. But on this
thread we have several writers who want to remake movies they
love. These writers aren’t in the studio system and they aren't
driven by money; they have passion for the original material and
want to do their own version.

Maybe - just maybe - the issue isn’t with “Hollywood” and the
studio system. My arguement has alwasy been it’s the audience who
drives the remakes and the studios are only following the money.
Maybe writers are the people who want to do remakes of movies
they love.

I’d be interested in hearing from the three writers who posted
here (JRy, Newbie and AvsB) why you want to write a remake? If
you love a move so much why do you want to see a different
version of it?

 

[Lord of Light]

directorik, couldn't agree with you more. It is very rare that I find a remake that measures up to the original and I think most conscious film viewers feel the same way. But yet they still see them. In fact the only remake I've seen that was good was John Carpenter's "The Thing." Everything else is just mainstream garbage. And I rue the day classics such as "Alien", "Clockwork Orange", or, god forbid, "Star Wars" get remade.

While part of it lies with the audience, I think the rest of the fault lies with the studios too cautious to take risks which is why we have summers filled with remakes and sequels. The only original movies tend to be comedies or romcoms, and even those are usually cliche ridden, with the rare exception of movies like "District 9" or "Paranormal Activity".

I wish they would just re-release older films instead of raping them to make a quick buck. But, Hollywood's a business and money is the main object of any business. This is why art and business should never combine.

 

[knightly]

Remakes aren't new... the earliest films were remakes of stage plays adapted for silent screen performance, even the old :30s Edison ( http://www.youtube.com/watch?v=zURTEs8C1lo ) films used scenes from popular plays to get an audience. "Prisoner of Zenda" has been made several times as has "Robin Hood." Many stories that we could laud as brilliant and new have their roots in greek mythology and stage. There are only a few permutations of plot that can provide a story with the kind of conflict we need from a story teller as an audience.

The fact that it's a remake doesn't make it suck... the fact that you personally have seen it before and assigned some extrinsic worth to the work makes it suck (for you). If there were to be a brilliant remake to "Clockwork Orange", I'd love to see it. I thought "Disturbia" was a decent modernization of "Rear Window"... "The Island" of "Logan's Run"... "The Lion King" of "Hamlet"... "Finding Nemo" of "Pinnocchio" and "A Bug's Life" of "The Magnificent Seven" which itself was a remake of "The Seven Samurai".

There are no new stories, just reinterpretations (good and bad) of old stories that have been passed around since storytellers passed them across the flickering light of the fire. Write brilliantly and no one will care.

 

[Lord of Light]

^ I was referring to more direct remakes of movies like the recent surge of horror movie remakes like Friday the 13th, Halloween, Hills Have Eyes, King Kong, etc.

And yes you are right in the fact that films have historically adapted stories from other mediums into film. Most of those that you listed were told in a different way that made them original in their execution, even though the stories are similar. Which I have no problem with. At least it's different enough to be called original, whereas King Kong 2005 is pretty much the same as King Kong 1933. The only thing different was the effects and some creative direction by the director. Most of what you listed would be considered archetypes, and those have existed longer than civilization.

Though I'm curious as to your Finding Nemo/ Pinocchio comparison. Maybe because I haven't seen Pinocchio in ten years, but I can't see the similarities other than being eaten by a whale, which is brief and more Biblical than anything.

 

[barnaclelapse]

My 11th grade English teacher told me once that all creative writing could basically be brought down to five or six basic ideas, and that's always made sense to me. The potential for completely original ideas is pretty much non-existent. The best you can do is to try for a unique perspective on an established concept.

That's not easy either, but I don't think it's impossible.

Useless trivia: "The Island" was more or less ripped off from a 1970's movie "Parts: The Clonus Horror", which starred Dick Sargent, Peter Graves and was featured on Mystery Science Theater 3000 at one point.