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copyright Film adaptation of a novel - copyright

H

HAL9000

Hello,

I've just subscribed in this forum looking for a difficult (at least for me) answer.
Few months ago I decided to make a film adaptation of Isac Asimov's science-fiction novel "The End of Eternity", but while I was making some research, I found out that American company New Regency had already acquired the rights to make their hollywoodian adaptation.
Now, I thought about several alternatives:
- Is it possible to obtain the rights myself, from Asimov family, even if these are already given also to another company? (Another film adaptation of The End of Eternity was made in the 80s in USSR)
- Is it possible to obtain some concession from New Regency company?
- If I change some parts of the story, characters' names and the title, could I make the film without having legal problems? And in this case, how much would the story be changed, in order not to having problems?

Maybe someone of you had the same problem before, or an expert in cinema's copyright is in the forum and could help me in solving this situation.

Thanks!
 
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I'm afraid they're not going to give you anything without big bucks. Sorry, dude. It happens.

Copyright is SO complicated. That's why I write screenplays of my old short stories.
 
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I can't provide legal advice but I can give you general information about how copyright generally applies to your questions.

HAL9000 said:
Hello,
I've just subscribed in this forum looking for a difficult (at least for me) answer.
Few months ago I decided to make a film adaptation of Isac Asimov's science-fiction novel "The End of Eternity", but while I was making some research, I found out that American company New Regency had already acquired the rights to make their hollywoodian adaptation.
Now, I thought about several alternatives:
- Is it possible to obtain the rights myself, from Asimov family, even if these are already given also to another company? (Another film adaptation of The End of Eternity was made in the 80s in USSR)

The copyright could be with the publisher or the estate. Usually a publisher is very controlling of adaptation rights. But more importantly, the purpose of the copyright is to provide control over production. As New Regency has been granted adaptation rights, usually for a fixed term (often 1 1/2 year option), no one else may attempt to adapt it. That's the purpose of copyright, to protect the rights of the creator and those to whom the rights are transferred. They probably also have a clause allowing extensions if needed.

- Is it possible to obtain some concession from New Regency company?

They were probably already approached by an established writer or an executive has hired a professional screenwriting team to adapt the story. They have no reason to consider the request of an outsider to create competition for their production. I'd say it's EXTREMELY UNLIKELY.

- If I change some parts of the story, characters' names and the title, could I make the film without having legal problems? And in this case, how much would the story be changed, in order not to having problems?

In short, you'd have legal problems. Somewhere you would need to acknowledge that this is based on Asimov's story which puts you on precarious ground. You're infringing on adaptation rights. To not acknowledge it would put you on precarious ground. You're infringing on copyright. How much would make the story recognizable as Asimov's story? You'd need to change all of that. At some point, it stops being an adaptation and becomes an original work, which kind of defeats the original purpose, making an adaptation of his novel.

A story idea, per se, cannot be protected. You might win but New Regency would certainly seek injunctions and take you to court which would sap money and time. But even before that point, you'd need to prove to your distributors that you have the rights. Distributors don't like being caught in the middle either.


Maybe someone of you had the same problem before, or an expert in cinema's copyright is in the forum and could help me in solving this situation.

In this case, someone beat you to the punch. You need to move on. Let them make their movie. A few years after that, approach the publisher/estate to secure the adaptation rights and create your own.

Thanks!
Click to expand...

Again, I am not offering legal advice. You can consult an entertainment/intellectual properties lawyer for a full interpretation. Adaptation is the bane of screenwriters. If there is another book, I'd contact the publisher to see if they hold the rights and would be interested in adapting it. If they don't, you could contact the author and/or estate. It's best to secure the rights BEFORE you start the writing process. And, yes, it can be expensive to pay for the rights in some cases. If you already have some film credit, sometimes the publisher will authorize you to adapt a work for their consideration. You can sometimes approach production companies with a query, though they can be hesitant to be left "holding the bag" negotiating the rights if you can't follow through.

Adaptations are often initiated from within the industry not outside of it. If I were you, I'd simply put the idea aside and move on to another project. You can check back in 5 or 6 years to see what was done and try to purchase the adaptation rights if it's still a priority for you.
 
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If you don't want to spend big bucks on a consult for an entertainment lawyer. Try going to your local law school and contacting one of the senior students, they almost always say yes and are just happy to be consulting while still in school that they won't charge you.

That's just for inquiries about the process though. Hire an actual lawyer if you decide to actually pursue the copyright thats when you want someone licensed in your corner.
 
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MadisonThomas said:
Try going to your local law school and contacting one of the senior students, they almost always say yes and are just happy to be consulting while still in school that they won't charge you.
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"Consulting"? Really? I don't think so. Me thinks could 'll be in deep doo-doo for giving law advice ("consulting") without a license to practice law unless they're working under the supervision of an actual lawyer.
 
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Sorry the wording on my part was bad there for "consulting" please please do go to a laywer GuerillaAngel is totally right they can't consult without supervision, hugely not ok. I've "asked" one of my friends in law school about copyright and they've told me what they know about the process and pointed out what they thought was a good place to start.

My bad there, rushed wording on my part. :)
 
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Thanks everybody for your advices.
I already knew that the situation was a little bit troubling, legally speaking.
But what if I'm just a beginner director, and I want to make this film almost without any budget, as a very independent production, and the film would just be sent to festivals for screening and won't be commercialized (at least not in the next 2 years)?
Also I read that New Regency acquired the rights in 2009. For how long can they have them?
 
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HAL9000 said:
But what if I'm just a beginner director, and I want to make this film almost without any budget, as a very independent production, and the film would just be sent to festivals for screening and won't be commercialized (at least not in the next 2 years)?
Click to expand...

Dunno what you mean by the "not in the next two years" qualifier, but...

...maybe you should consider simpler pastures, given your stated lack of resources?

You can get a quality short story from Stephen King for one dollar, if you ask nicely. One dollar. We did one last year.

You can, too: http://en.wikipedia.org/wiki/Dollar_Baby

You might have your heart set on some Asimov short (and who doesn't, really), but beggars can't be choosers. Work with what you have access to... and this is definitely within your budget.
 
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HAL9000 said:
Thanks everybody for your advices.
I already knew that the situation was a little bit troubling, legally speaking.
But what if I'm just a beginner director, and I want to make this film almost without any budget, as a very independent production, and the film would just be sent to festivals for screening and won't be commercialized (at least not in the next 2 years)?
Click to expand...
The rights to make a movie adaptation do not change depending on
the intent or budget of the director. Since you do not have the rights
to make a film adaptation of the book you cannot legally make a film
adaptation for any budget or for any reason.
HAL9000 said:
Also I read that New Regency acquired the rights in 2009. For how long can they have them?
Click to expand...
They can have the right for as long as the two parties agree.

Since you are interested in the rights, you should contact the Asimov
foundation and discuss this with them. You know, of course, that
they will not give you the rights for free. You will have to pay. So be
prepared for that.
 
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Asimov's "The End of Eternity" is based on one of his previous short story (with the same title).
If New Regency has the rights on the novel, should automatically have them also for the short story?
The short story was published by Asimov many years later in a compilation book.
 
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