Okay, my Great-Aunt (by marriage) wrote a wonderful book back in the early 1990's. I had a copy of the book and just a couple of years ago, picked it up and read it. I was so inspired by the book that I thought it would make a great movie. I wrote a script for the book to submit to a film-making company...(dreaming big). Anyway, when the film company sent me the form to sign, it said that it had to be my original work. Well, the script is by me, but the book it is based off of is not. Both my Great-Aunt and Great-Uncle are deceased and I have no idea how to contact any heirs of theirs, since they died when I was young.
So my question is...
Would it be legal for me to submit this script, or do I need to clear it through heirs of my Great-Aunt?
2007-11-30 19:33:35 · 9 answers · asked by ಌMemsterಌ 5 in Politics & Government ➔ Law & Ethics
You could probably submit it but if someone wanted to buy the options they would want to know if you secured the rights to the book. They would not want to invest in a movie, make millions and have people pop out of nowhere demanding half. So I would imagine that it would be best to have all of the info ready.
You need to find them. They would clearly bebnefit by being cooperative. Book sales would increase. They might even say they don't care but later they might. So you might want to get something signed saying you have certain rights now. Maybe they might even be willing to sell you the rights to the book itself. But even that could get complicated. Who has the rights now?
I would just talk to them and let them know what you are doing. Then later if something comes of it you can work the rest out.
2007-12-01 04:03:51 · answer #1 · answered by jackson 7 · 0⤊ 0⤋
You need to track down your Great-Aunts heirs. If the book was written in the 1990's then it's still clearly copyright.
If the book was published, try the publisher and see if they have an address to send royalties to if they sell any copies. Since a movie treatment would give a big boost to the sales of the book, maybe even letting them go to a new printing, they'll have an incentive to help you.
Lore.... a script based on a book is a "derivative work" and does not release the scriptwriter from the obligation to get permission from the books copyright holder.
Richard
2007-12-01 03:38:12 · answer #2 · answered by rickinnocal 7 · 2⤊ 0⤋
What I suggest you do is call a lawyer to get legal advice. But I think that because it's your great aunt's work, she'll have to give you permission to use the story for the film. If you claim her work as your own, then it might be considered plagiarism (meaning you copied it off someone), so be careful.
NOTE: I'm not a lawyer or someone who knows law, so don't rely on what I just said. What I just said is what I think is true. Best thing is to call a lawer and ask.
2007-12-01 03:41:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
you will need to clear it through the aires ,and find out who holds the copyrights and other rights to the book you will need their written permission also .this may be expensive ,they may want a cut .and you will need to pay for copywrite release contact a lawyer.good luck
2007-12-01 05:02:29 · answer #4 · answered by joe t 3 · 0⤊ 0⤋
The script is yours. You wrote it...so it is your work. just put "script based on the book by so-and-so" so there's no questions about where the original idea came from.
2007-12-01 03:37:38 · answer #5 · answered by Helen Scott 7 · 0⤊ 2⤋
you have to obtain permission from book's copyright holder though you have written a fim script based on that book.
2007-12-01 03:43:33 · answer #6 · answered by Maharaj K 5 · 0⤊ 0⤋
you should probably clear it with the heirs-and be prepared that they might want a cut of the profits, but it's better to be safe than very very sorry.
good luck with everything
2007-12-01 03:38:10 · answer #7 · answered by Anonymous · 1⤊ 0⤋
ask a lawyer friend ? but he would probably say you need clearance from your aunt's immediate family
2007-12-01 03:36:48 · answer #8 · answered by aunt_webby 6 · 0⤊ 0⤋
no... sorry but you will need permission but I am sure they will give it to you... Keep thinking big and congratulations on your response
2007-12-01 14:48:10 · answer #9 · answered by Anonymous · 0⤊ 0⤋