Hi,

I have a question and was wondering if anyone has also had experience with this, or could help me out.

Just so people don't jump to conclusions- I am 110% against copywrite. I was just wondering how much does a screenplay have to differ from a novel or story that you're basing it on, or more fittingly- getting inspiration from, to be claimed as your own, for example is there a percentage that has to differ from the novel? Or because your story is inpired by the novel and is following certain aspects of it aka. not inspired by your own imagination, is the moral thing to do let the author know and credit it? Because it wouldn't be "screenplay based on the novel" it would be "roughly based on the novel" because it has even been aimed at a different audience than the actual novel.

If someone could give me what the general "go" with this is, I would greatly appreciate it :)

Thanks,

Sarah

Wow, I would say since the script would be "based" on a novel, give the novel and author credit. A decent example is the movie "Jackie Brown" by Quentin Tarantino. Even though the movie is called "Jackie Brown" it's based off the novel "Rum Punch" by Elmore Leonard. Now, I've read the book and seen the movie. What I can tell you is QT maintained the story but made certain changes. In the novel Jackie Brown is actually Jackie Burke an older white stewardess, not African-American like in the movie. Beaumont isn't African American in the novel, he's Jamaican. Even though Tarantino made the film his own, it's still based off the novel "Rum Punch", so he gave rightful credit to Elmore Leonard. I'd say if you have an idea that is similar, but you do something different...maybe. But ripping off someones hard work isn't cool. So, if you do go through with it, it would be smart to give credit, where its due.

and if you sell the script...expect a lawsuit.

You've always gotta rush in and just kill the mood, Pia... Lol. =)

Seriously, though, she's right. Either write an original story (or original enough) or hire yourself a lawyer.

Kill the mood??   :o

I have emailed J.A Konrath twice and asked for permission to write a feature based on one of his short stories. Even asked about purchasing the rights, but he never got back with me. I had the whole thing planned out in my head, but since I never heard back from him I decided not to write it. Why invest the time and effort in something I know there would be a legal battle I would lose if the script sold.

Also, what would you do if you found out someone had written a novel and it was based on your script and the book is selling? Would you be happy with just a mention in the book or would you want compensation?

I was kidding. Lol.

That's why I threw in the "Seriously, though" at the end. =)

I know how much trouble it is to get something done that's owned by someone else.

Is this an older novel? Like a Charles Dickens or some other classic?

Hey Sarah.  I'd say it depends on how experienced you are.

If you're new to writing screenplays, I'd definately recommend saying screw the author of the novel and just adapt the book into the screenplay as you like, if anything just for the writing experience of it.  (If anything, you can just call it a fan-fic)

But, at the same time, I also recommend keeping that script in your own personal files and don't go around trying to sell it.

I write nothing but originals now, but when I first started writing screenplays a little while ago, I began by adapting 'God Grant That She Lie Still' by Cynthia Asquith and 'The Partner' by John Grisham, and they really taught me about pacing and how to utilize it in a screenplay.  (It also taught me how much unnecessary bulltalking is in novels.)

So I'd say that for right now, write it just as a learning experience for yourself and to better yourself at the craft, but without any intentions of selling it.

Hope this helps.

- Mark

Pia is right. I've heard where producers get sued by at least one person for practically every movie that they make, so much so that the $20K to file the motion to dismiss the frivolous lawsuit is almost considered a cost of doing business nowadays...

Sarah88 - first, welcome to SS. Second, when in doubt, get the rights. If you've been "inspired" to write a story by something you read or saw, and the plot, characters, etc. are your own, then you are no different than any other writer who finds inspiration in other works of art. If your story is "based" on another work, loosely or otherwise, you need the rights. I believe it is that simple.

Sarah,

I guess, let's start with your comment...

Just so people don't jump to conclusions- I am 110% against copywrite.

Copyright?

If so....WHY?

I spend the time and money to protect my work via COPYRIGHT.

I suppose that by this statement, I am to assume you don't believe in it. Protection of a person's work, that is.

And if you don't believe in COPYRIGHT,  are you simply asking what will happen if you steal someones intellitual property?

Pia nailed it, GET A LAWYER.

Not trying to be negitive, but I would like to hear why you don't believe in COPYRIGHT seeing how it is the cornerstone of having a writers work protected.

Shawn.....><

She might have meant something akin to what I believe. Copyright is a good idea. A way to protect what's yours.

At the same time, it (like most things) has been mis-used. Large companies have a tendancy to use copyright to get a monopoly/corner the market in certain situations.

Just look at "Steamboat Willie"...

Just my $1.02.

Hey Sean,

Perhaps you're right. I just read Sarah's comment as someone who might be against it.

And I do agree with you on the mis-use issue. It seems such liberties we consider as protection, others use as a weapon to gain share.

Such is the same for eminent domain.

Shawn.....><

Thanks for the replies everyone your advice has been very helpful.

I only asked because I have written quite a few short screenplays but they've all been based on my own ideas, I've never been in the position where I've been influenced by someone else's ideas.

In answer to questions about selling the script- I have just started writing the screenplay however I hope to direct or produce it myself in the future (as it's a feature) so I can have more experience directing a couple of short films (as I've only had a lot of experience producing thus far), and have some more experience as production assistant on a few other film sets. I will definately hunt down the author and ask for permission. Fingers crossed!

Also I wasn't really concerned about lawyers and all of that, like I didn't want answers on how to get away with stealing someone's work, I just wanted to know if work has to be credited if it's changed to a certain extent. Obviously I'd never go ahead and produce it if I wasn't sure, hence thought I'd ask since I wasn't getting the answers from google... or my family& friends (admittedly aren't writers) who gave me opposite answers from the ones on here haha.

PS. Shawn, I should really clarify- I'm actually not educated that much in copyright- I know I should be as I'm a script writer and should know these things to protect my own work- all I know is what applies to me, reference work you use. And by saying that I am "110% against copywrite" :P I meant that I am 110% against other people ripping off other people's work and stealing ideas. The reason I posted this was because I was genuinely confused as what to do in a situation where you're using a novel as inspiration but you want to change it a lot in how you write it- like I'm worried about asking permission and the writer holding that permission because they're not happy with how I've adapted it and how I've changed it immensly.

I think if you produce a feature based on someone else's work, without permission, you will almost certainly be sued. If you're going to take on such a large project, you should have a lawyer on hand to advise anyway, at least informally if nothing else. I would not proceed without legal advice on a huge undertaking like that. But I wish you all the luck in the world, hopefully the project gets done!

Being based on a novel can mean a lot of things.  When movies are based on Stephen King novels, they're sometimes unrecognizable; The Running Man is a great example of this.  So is The Lawnmower Man.

If I wrote a book about a gunslinger who lost his sight, that doesn't mean you couldn't write about a gunslinger who lost his sight... if it was a different story.  Copyright does not protect an idea or a general plot.

The closer you are to my story, the more likely you're infringing on my rights.  If you adapted and sold my novel, then I would see you in court.


Phil

Copyright is not about protecting ideas, that's for intellectual property.

If you're not trying to profit from it, you can pretty much write what you want.  
But the minute you try to make cash from base don someone else's work, watch out.

My script stab at a feature was a "training wheels" exercise.
It was a "re-imagining" of an old screenplay.
The process helped me hone my skills while giving me a road map.

For something like that, using copyrighted material for private use is acceptable.
Some folks call it "fan fiction" and there's lots of it out there.

But for something you want to sell, make it original or get the rights.

Hope this helps.

Regards,
E.D.