legal question about a quasi-adaptation

[alexpw]

Alright. I've got an idea for a modern day adaptation of The Great Gatsby. None of the characters will be named anything similar to what they are in the book, and it will take place in present day California, not Long Island. However, it's still obvious that it's largely based on the book, with many differences, but nonetheless still based on it. Before I put any time and energy into the script, I need to know if I will run into any copyright problems down the road.

Any input?

 

[indietalk]

The Great Gatsby is not in the public domain in the US, but it has entered the public domain in many countries. You may want to consider an Australian production.

 

[alexpw]

So could I shoot it in the US and then screen it only in countries where TGG is in public domain?

Copyright law is so confusing.

 

[Beeblebrox]

If you change it enough so that what you're using is just the idea, then I'd say go for it. But I'm no lawyer, and that's really who you need to talk to.

 

[CootDog]

Well let's see, if you make the film in a country where it's copywritten, then you are breaking the law. It's that simple.
However, who owns the original story of the great gatsby?
you could ask for permission.

Are you planning on making money with this one?

You have to weigh your risks and figure which risks you are willing to accept.
If you plan on making this and selling it, then you have to have all the legal releases for everything, everyone, and everywhere.
If you plan on making it and entering it into a few festivals, then who will see it?
What;s your audience? Will it get back to the owner of the copyright?

 

[alexpw]

^Well, if I go through with this, of course I would want to make it myself. I've done a very speculative budget, bearing in mind that I haven't even started the script yet, and my numbers have come out to about 75,000 USD. I know it sounds like a ridiculous pipe dream, and in a way it probably is, but I've mapped out the story and the scenes, and although it could just be pitiful self-delusion, I think that it could be a feature capable of winning some awards at major festivals (don't all filmmakers say that? ) ...provided I get the neccessary funding. Hence why I'm worried about the copyright issues so much, because if my pipe-dream works out to plan, it will get back to the owner of the copyright.

However, I guess this is something that I would have to ask a lawyer, but how close is too close? I mean, Igby Goes Down was clearly based on Catcher in the Rye, but only to a point; so Burr Steers didn't have any issues.

I'm using the basic premise of The Great Gatsby, but I'm using a different setting, the characters have different names, the "Jay Gatsby"-based character is the "Nick Carraway"-based character's uncle, and the Jay Gatsby character owns a large LA-based production company, and it goes on from there.

I think I better consult an attorney on this one, eh?

 

[Will Vincent]

Or pick up a book that talks about the legalities of adaption.

My thought is that your best bet would be to contact the copyright holder and tell them you have written a screenplay loosly based on the book, and see if they'll let you do it. Provide them with a copy of the script or the synopsis of the script isn't finished yet. Who knows, maybe they'd be interested in generating some new interest in the original story and let you do it free, maybe they would be so interested that they'd want to provide some of the funding. (There's a pipe dream for you!)