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SimplyScripts Screenwriting Discussion Board    Screenwriting Discussion    Screenwriting Class  ›  A question about adapting another work Moderators: George Willson
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  Author    A question about adapting another work  (currently 1712 views)
rock.
Posted: August 15th, 2009, 1:16pm Report to Moderator
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I was wondering, If I wanted to adapt a book I read into a screenplay and post it on this site, just for fun only, not to be produced or anything, would it be illegal?  Do I have to obtain rights just to write it for fun?


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Façade:  In a "film noir" set in the 1950's, a detective investigates the murder of a teenage boy in the quintessential 50's American suburbs, and as he slowly peels back the veneer of the picture perfect family, he realizes nothing is what it seems, unaware of what secrets he will uncover.

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Don  -  August 15th, 2009, 5:29pm
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dresseme
Posted: August 15th, 2009, 1:17pm Report to Moderator
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Quoted from rock.
I was wondering, If I wanted to adapt a book I read into a screenplay and post it on this site, just for fun only, not to be produced or anything, would it be illegal?  Do I have to obtain rights just to write it for fun?


Sniper posted his adaptation of "Deliverance", and I'm pretty sure he doesn't own the rights.

It's fan fiction.

You're fine.  
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rendevous
Posted: August 15th, 2009, 1:19pm Report to Moderator
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I'd agree with Dressel. Write it first, you can investigate the rights issue later.


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sniper
Posted: August 15th, 2009, 1:28pm Report to Moderator
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Quoted from dresseme
Sniper posted his adaptation of "Deliverance", and I'm pretty sure he doesn't own the rights.

What are you talking about, Matt. I bought the rights a long time ago

Rock, until some production company picks it up it's, like Matt said, just fan fiction. If they like your script and want to produce it, it's up to them to secure the rights for the source material.



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stevie
Posted: August 15th, 2009, 5:19pm Report to Moderator
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rendevous
Posted: August 15th, 2009, 6:19pm Report to Moderator
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Quoted from stevie
.........RV's avatar hasn't affected me.....RV's avatar hasn't affected me.....duuuuh...Rv's avatar hasn't aff____^GJMNHGTCV45f5s.....


Everytime I time near your avatar Stevie I see spinning heads. Spinning! It takes about twenty minutes to tap out a sentence as I try and guess where Lennon's face wll land next. Top right...No...Bottom left...No...but it has to? Why not?...Top right...no...

Normal avatar service will resumed soon. Apologies to anyone who sees flashing balls before their eyes. Well, it is Saturday night. You should count yourself lucky really.


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screenplay_novice
Posted: August 15th, 2009, 6:49pm Report to Moderator
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I've written two adaptions. As far as I know, it's perfectly legal as long as you credit the creators and not attempt to pass the original story off as your own. The screenplay belongs to you, but not the characters, etc. I also think that if your script is optioned, the studio that options it will be the one to procure the rights, but I could be mistaken. I haven't been contacted by anyone asking me to remove the two that I've written, so I'm assuming all is well.
But to be on the safe side, maybe it's best to contact the publisher and inform them of your plans and send them a copy when it's completed.


If you can't beat 'em, then get yourself a bigger stick!
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Ron Aberdeen
Posted: August 16th, 2009, 5:10pm Report to Moderator
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No serious producer or production company will even consider a screenplay that is an adaptation of somebody else’s work unless you have their permission, they don’t want to enter the expensive world of litigation.

And why adapt can’t you think up something of your own?


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Andrew
Posted: August 16th, 2009, 5:15pm Report to Moderator
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Ron,

From my readings, it would appear you are right; however, it's not as clear and dry as you suggest. An exceptional screenplay will find its way to production, irrespective of the potential rights issues. Film is hardly a medium to stand still, so consigning oneself - within reason - to a box seems foolhardy.

Andrew


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sniper
Posted: August 16th, 2009, 5:24pm Report to Moderator
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Quoted from Andrew
...so consigning oneself - within reason - to a box seems foolhardy.

Especially when the movie industry seems to be locked into a remake-mode.

By the way, Ron...

Quoted from Ron Aberdeen
...can’t you think up something of your own?

...what a nice condescending line.



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Niles_Crane
Posted: September 7th, 2009, 2:34pm Report to Moderator
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As with most issues of copyright, this tends to come down on to the willingness of the copyright owner to pursue matters.

If you, say, adapted a Dan Brown novel and posted the script here, it would be up to Brown's representatives to do something about it. In all likelihood they wouldn't - why bother wasting time and money on something that isn't really hurting them and is, as mentioned, basically "fan fiction". But if they wanted to they could make SS take it down, as an adaptation without clearances of a copyrighted work is indeed an infringement and thus illegal.

I doubt whether a production company would take an option on a script based on another's work if the writer did not have an option - why? They could buy their own option and write their own script - and could probably happily rip yours off if they felt like it - and what would you be able to do about it?

(In the UK the BBC will not even read adaptations - even of out of copyright works)

I would suggest, unless you have a specific adapt in mind, that you might try out of copyright work (I think both US and Europe now have the same 75 years after death rule which gives you some latitude with modern literature). This is what I did when I started writing as it allowed me to learn about script format without worrying unduly about storylines!
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Brian M
Posted: September 7th, 2009, 2:43pm Report to Moderator
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I might be way off the ball with this, but didn't two guys write a Wonder Woman fan fiction which the studio ended up buying instead of the Joss Whedon version?
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Niles_Crane
Posted: September 7th, 2009, 2:58pm Report to Moderator
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Apparently it was a spec script by pros rather than "fan fiction" - and submitted to the owners of the copyright (WB). Joel Silver said the purchase was for legal reasons rather than a desire to produce the script - though he did hire the writers to work on a new version.

Joss Whedon, for the record, spent two years on the project (and was reportedly paid $3m) and managed to produce just an outline! That's what I call working!
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JonnyBoy
Posted: September 7th, 2009, 2:58pm Report to Moderator
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Quoted from Niles_Crane


(In the UK the BBC will not even read adaptations - even of out of copyright works)



Have to pick you up on this.

See below, a quote from http://www.bbc.co.uk/writersroom/writing/writersroom_faq.shtml


Quoted from BBC Writersroom FAQ

I'm writing a script adaptation of someone else's novel - will you read it?
Although we prefer to see something entirely original as a calling card of your writing ability and potential, we will accept a completed adaptation of a work in script format. Please note, however, that we will not accept anything written in prose, including the original unadapted work.


They may prefer original work, but they will accept adaptations.


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Niles_Crane
Posted: September 7th, 2009, 3:01pm Report to Moderator
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Quoted from JonnyBoy


Have to pick you up on this.

See below, a quote from http://www.bbc.co.uk/writersroom/writing/writersroom_faq.shtml



They may prefer original work, but they will accept adaptations.


Well - they have certainly changed their tune. Back in 2002, when I had a meeting with people from this very dept, they were adamant that they had no interest in adaptations of other people's work!



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JonnyBoy
Posted: September 7th, 2009, 3:03pm Report to Moderator
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Ah, then it appears to a classic case of 'say one thing, do another'. Clearly they'll let you send it in, but they'll never consider doing anything with it.


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