Securing the rights for an adaptation

[Jijenji]

After I finish my current project, there is an adaptation I would like to do for my next screenplay.
I don't have any experience with these, so any help would be appreciated.

The original work is in the public domain.
However, I've only read an English translation that,
while 95% true to the original, has the following changes:

1. Character names have been slightly altered, to make them easier
for western audiences. This is important, because the logical thing would be
to use these same modified names in a film intended for western audiences.

2. The translated / reprinted version is only about 1/10 of the original work.

3. A few cultural changes have been made.

----

The original is in the public domain, but I've only read the English version
described above, which is copyrighted. The copyright is held by a non-profit
academic institution. The author is deceased.

First, do I need to secure the rights? Given that the original is in the public domain.
Second, if I do need to secure the rights, how do I go about doing this?

I figure I would need to contact the publisher, but what exactly am I discussing with them at that point?
An option? How does that work?

Thanks in advance.

 

[Joker B]

Contact the copyright holder, not the publisher.

 

[Jijenji]

I think in this case they are one in the same.
If not, I think the publisher would point me in the right direction.

 

[Gonzo_Entertainment]

I'd avoid using the character/place names in the copyrighted translation, base it on the original and save the headache. As long as you didn't lift anything straight from the translation I think you could make a plausible case you didn't violate their copyright.

 

[directorik]

I figure I would need to contact the publisher, but what exactly am I discussing with them at that point?
An option? How does that work?

You would offer a percentage of the total asking price - say 2
to 5% - for a specific period of time. You would then write
the script, shop it, sell it and pay them the rest. You don't pay
them any more if you don't sell the script and the rights revert
back to them.

I suspect an option isn't in your best interest. You can't know
how long it will take you to sell this script.

As others have said, if you don't use anything that is unique to
the translation but only use what is in public domain, you don't
have to pay them anything. Be very, very careful. Of course.

 

[barnaclelapse]

I'd avoid using the character/place names in the copyrighted translation, base it on the original and save the headache. As long as you didn't lift anything straight from the translation I think you could make a plausible case you didn't violate their copyright.

That was going to be my guess for advice. It sounds like moving along the line between staying in the public domain and infringing the copyright on that translation is a very, very thin one indeed. I'd probably be too nervous to tread it myself.

 

[citychik]

Just adapt from the original and make sure that nothing in your adaptation smells like the copyrighted version. AND make sure that the original is in the public domain everywhere. Some materials that are PD in the US are protected in other countries.