There is a Japanese horror film I am a huge fan of -- and while I write a lot of my own work, I just can't shake the idea of adapting this film for a western audience. It's been on my mind constantly for the last several months.

Obviously I don't want to waste time writing something that I could never use, so my question is this:

Is it acceptable in the film industry to write an adaptation for a work which you have no permission/rights to, in the hopes of gaining interest from a producer... Who would then obtain all the necessary rights from the original creator in the event the adaption were ever green-lighted?

I do know when writing a screenplay, you can note that the work is an adaptation on the cover page...

Does anyone know of anything like that happening in the industry before? I really, really want to do this.

I don't think this idea is ever going to get out of my head -- I've considered just writing the screenplay, registering it with the WGA and trying to open up talks with the original creator, going as far as hiring a translator if they don't speak English and working out a deal with them... As in, they provide me with written permission to option/sell the screenplay and they get a certain (large) percentage of the deal.

If you were in my position, what would you do?

JRy,

As it is with adapting a book to film, the rights for the adaptation have to be purchased in order to SELL the adapted screenplay.

And technically -- one could easily be sued for performing the adaptation without first obtaining the rights to do so...

Having said that...

It's still done every day... LOL.

There are still screenwriters who write sequels with no rights to do so... Screenplay adaptations of books with no rights to do so -- and what you want to do... Adaptations of foreign films with no rights to so.

And every once in a while, these people get lucky and make a sale...
And every once in a while, these people get sued.

So of course I do not recommend going this route and should you go ahead and decide to do so, be forewarned that you MIGHT end up painting yourself into a corner i.e., you have a great piece of material -- maybe even sales worthy -- but who do you show it to?

First thing a producer is going to ask you is: DO YOU HAVE THE RIGHTS TO THE ORIGINAL MATERIAL?

Of course you will say NO. The producer will then PASS on your material.

You MIGHT be able to take a script like that and use it to get yourself an agent or manager or both -- however... As simply a writing sample, you still run the risk of getting sued.

Most producers would take a pass... Why? Because not only would they have to purchase your screenplay but because you wrote a screenplay that you had no LEGAL right to write, you're also forcing them to buy the rights so that your screenplay is now legal.

Just ain't gonna happen. Even IF your script was that good, 99.9% of producers will pass because of that little wrinkle.

Agents and managers are another story however... They will take the material and show it around as simply a writing sample but again be forewarned... Any activity that develops from those showings have the potential to get a lawsuit rolling.

Now it's quite possible that you could actually TRY to obtain the rights to adapt the material to an American audience yourself... You would of course have to contact the film's producers and start that ball rolling but it's been done before and by screenwriters with absolutely no money... I would be prepared however, to show these prospective producers some OUTSTANDING writing samples to prove you know how to write... Be forewarned (again) however, that if they like your script, your agreement will very likely be that you only have a certain amount of time to sell it and after that, you could lose all your rights AND QUITE POSSIBLY -- the screenplay itself...

Bottom line?

Pain in the ass.

filmy

No, it's not acceptable.

You can't adapt work unless you've reached an agreement with whoever holds the copyright.

The only thing you could do is do some research, find out who holds the copyright to the original script... make an approach and try to cut a deal where-by they would get a part of any sale.

That's going to be a difficult pitch for a young, unknown writer.

The other option would be to find a producer who makes this kind of movie... and then persuade the producer to come up with both the option money for the copyright holder... and a writing fee for you to write it.

But again... you have to ask yourself why at this point a producer would invest in you as the writer, even if they like the project.

So, what I'd do at this point is write a killer and original spec script, which you can go to producer with as a "calling card" script... then make your pitch.

Your calling card script is what proves you have the chops to complete the adaptation.

On top of that, I'd also create a step-outline of the adaptation... and I'd write maybe the first ten pages of the adaptation... or maybe a key sequence.

But, what you can't do with those sequences is register them... because in a strictly legal sense you shouldn't even write those until you've negotiated a deal with the copyright holder.

It's a delicate balancing act... and with all legal situations relating to the film world, when in doubt err on the cautious side. This isn't an industry in which you want to leave yourself legally exposed... because the only people who make more money than the producers in LA are the lawyers.

My experience of Hollywood lawyers is they have absolutely no sense of humour and pursue the interests of their clients well beyond the limits of good sense... they will use a sledgehammer to crack the smallest of nut.

:banned:

Thanks, guys. I was pretty sure it was not acceptable, I just wanted to make sure. My best course of action would probably be to get some good work out there and use that as a springboard to talk directly with the creators/rights holders.

I may work on the screenplay over the course of the next several months (while working on other projects), just to get it out of my head -- I'll just keep it private until the time is right.

As others have said, the best thing to do is write your own original material... and forget about the adaptation (which you can not write because you do not own the rights).

Interesting original material will open doors for you.

- Bill