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SimplyScripts Screenwriting Discussion Board  /  Questions or Comments  /  Is it Worth The trouble?
Posted by: marvink, January 9th, 2010, 6:45am
I recently read a book I thought would make a great screenplay. I would like to write an adaptation of the book. Is it worth the hastle of getting permission to use an author's book in a screenplay?  If so, how would I go about getting the proper legal documents that I would need? Marvin.
Posted by: Trojan, January 9th, 2010, 7:52am; Reply: 1
You can write whatever you want and you don't need the author's permission to base a screenplay on their book. However if you intend to sell the screenplay and want it made into a film then you absolutely need permission. What normally happens is you negotiate a deal to acquire the film rights to their book. The price could be anywhere from a dollar to a million dollars depending on the popularity of the book and how commercially viable it is.

But since you are not a professional screenwriter and have zero chance of getting it made into a film I wouldn't worry about it. You're better of using your own ideas and characters because then you don't have to worry about getting anybody's permission.

Cheers,
Tim.
Posted by: Ron Aberdeen, January 9th, 2010, 8:12am; Reply: 2
A few years ago I read a book I thought would make a great movie so I contacted the publisher and asked if I could write a Spec Script.

I promised I would send them a copy and not circulate it to any producers or production companies without their permission.

Surprisingly I got the publisher’s permission but a week later they emailed me to say that the author was apparently in secret negotiations with a Hollywood company over the rights and therefore they must remove their permission.

Subsequently the rights were sold for over $1mil, however the publishers asked to see my work and from that I received a commission from a production company that had brought the rights to another of their books.

Unfortunately, although I got the job and got paid the production company has not raised the funding to produce the movie, but it proved to me if you ask  in the right way you never know where it can lead.
Posted by: ajr, January 9th, 2010, 8:15am; Reply: 3
marvink,

I wouldn't say you have "zero chance" of making it into a film as Trojan put it, but I think the problem lies in getting the author to give you, a writer with no credits, the option, instead of a professional writer.

It's kind of like trying to get an international think tank to hire you based on one idea you present.  They're going to want to know where you've been educated, what you can bring to the table on a daily basis, etc. - you get the point.

My suggestion would be - assuming you're extremely confident that your idea is a good one - to write a rough first draft, keep it around and noodle with it, but focus on getting some shorts produced so this way you have some credits when you approach the author about the book rights.

AJR
Posted by: marvink, January 9th, 2010, 9:18am; Reply: 4
Thanks Guys, I had a feeling it wouldn't be worth the hassle, but I wanted to check with the experts. It was just a thought, thanks. I do have plenty of ideas myself, so that's not a problem.  Marvin.
Posted by: Grandma Bear, January 9th, 2010, 9:37am; Reply: 5
You can write whatever you want. No one can stop you from writing anything. You can write a screenplay based on a best seller and post it here even. What you cannot do is make money on it without permission and no production company is going to buy it from you either without paying for the rights to the book first. If you love the book and just want to write it for experience in adaptation go right ahead. The chance of you selling it would be slim however, but so are the chances of selling any script.
Posted by: Andrew, January 9th, 2010, 9:53am; Reply: 6
Marv,

I personally think Ron's approach is pretty good advice. I mean, if we view things through the lens of "zero chance", then we may as well give up the ghost now. As Ron said, you never know where it may lead, and while chances may be low, it's never bad practice to be active and to try. As long as you're professional, respectful and polite, what's the worst that can happen.

Andrew
Posted by: Trojan, January 10th, 2010, 2:09am; Reply: 7

Quoted from Andrew
Marv,

I personally think Ron's approach is pretty good advice. I mean, if we view things through the lens of "zero chance", then we may as well give up the ghost now.


I should clarify that my advice was meant specifically for Marvin who is new to screenwriting. The 'zero chance' was in reference to his likelihood of selling a screenplay based on his current experience and skill level. Therefore I don't think it is worth his time to try and buy the rights to a book when he is not in a position to be able to sell the screenplay. You have to learn to walk before you can run and acquiring the rights to books is not really something a beginner should worry about IMO.

Cheers,
Tim.

Posted by: marvink, January 10th, 2010, 6:44am; Reply: 8
Thanks a lot for all the replies on this thread, i appreciate your input. I am thoroughly convinced now it is not worth my time and expense currently if ever, Marvin.
Posted by: Colkurtz8, January 11th, 2010, 7:55am; Reply: 9
All good advice, Marv. I think Pia made a good point in that if you want to do it, you should go ahead, even for the sake of practice and love of the material more than anything else. Down the line you never know what might happen. I think it comes down to your interest in the book and the motivation to adapt it into a screenplay regardless of whether you'll sell it or not.
Posted by: Sandra Elstree., January 11th, 2010, 10:32pm; Reply: 10

Quoted from marvink
I recently read a book I thought would make a great screenplay. I would like to write an adaptation of the book. Is it worth the hastle of getting permission to use an author's book in a screenplay?  If so, how would I go about getting the proper legal documents that I would need? Marvin.


I'm not sure, (lousy answer I know) but I think that if you just want to do this work for the love of the work, then you should go ahead and do it irregardless. No one can stop you from doing something creative unless there comes to be a law against creativity.

If you or I adapt a book into script form, it seems to me that we've appreciated the book enough to do that and therefore that's a good thing.

Chances are, if we do that and post it wherever, someone with connections will steal our work, refine it and do whatever-the-hell they want with it anyways.

I may be way off on the rules and laws here, but my main theory comes from the Fan Fiction realm that my daughter still loves and I think she mentioned Mercedes Lackey as an author that began writing Fan Fiction before the days of the internet. I may be wrong on the name, but I think that it's Mercedes.

Essentially, my feeling is that if we get all tied up in "the rules" and what's right and wrong we're stuck in a mode that is completely unproductive for ourselves and anyone else.

If all we want is a magic button to push: "UP" that takes us to some kind of happy realm instantly, without work, then truthfully, there's no benefit in that. Lachen, the messengers that show up and steal our efforts or make things difficult have their purpose.

Ask yourself the questions:

Do you love the book that you want to script?

Yes?

Will you enjoy scripting it? (It won't be a hassle but a journey)

Yes?

Then do it. Do it from the core of your being and don't worry about rules or anything else.

If a big hand comes down that says "You're not allowed to post on Simply", you could always send it to me to read.

Essentially, my advice is to love yourself and love what you do and love your audience. We are nothing if we can't help them to feel.

Hope this helps,

Sandra


Posted by: George Willson, January 12th, 2010, 5:52am; Reply: 11
I would echo the sentiment of "if you want to do it, do it." I have read other instances of Ron's story, and also read that it's not a bad idea to write the script first and then ask for the rights. That way, if they want to read it, you can turn it over right then to see what they think. Sometimes, you won't even need to buy the rights; you just need permission to sell it. If you go around trying to a sell a script with the blessing of the publisher, you just might get some bites. Just make sure someone else isn't doing it too.
Posted by: Scar Tissue Films, January 12th, 2010, 6:29am; Reply: 12

Quoted from George Willson
I would echo the sentiment of "if you want to do it, do it." I have read other instances of Ron's story, and also read that it's not a bad idea to write the script first and then ask for the rights. That way, if they want to read it, you can turn it over right then to see what they think. Sometimes, you won't even need to buy the rights; you just need permission to sell it. If you go around trying to a sell a script with the blessing of the publisher, you just might get some bites. Just make sure someone else isn't doing it too.


Even that is not necessarily a bad thing.

Look at Let the Right One in.

I believe around 30 Companies wanted to make the film, but a small Production Company got the rights because they went and met up with the writer and presented their ideas.

If you impress the author yourself (by clearly understanding the work and staying true to their vision or whatever), you can find yourself with quite a powerful ally.
Posted by: Andrew, January 12th, 2010, 2:35pm; Reply: 13
That's cool, Tim. To me it's one and the same thing; "zero chance", irrespective of perceived "skill level" is a negative attitude, which is why I commented.

Everyone has their own view on what is realistic, and worth doing. My own being you should never close off openings, however small, nor bog yourself down with inaction. Point being that trying and failing is better than talk, talk, talk and failing.

It seems Marv is electing to not follow it up, so it's all moot, I guess.

Andrew
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