Copyright on old source material already filmed...

Hi

I'm in a conundrum and research has pulled up nothing but dead ends! Any help is great appreciated.

I am looking at adapting a piece of work by an English novelist who has been dead more than 100 years. I know that after a writer is dead after 70 years his work goes into the public domain. So that would mean it's okay to adapt without paying or seeking copyright permission. So far so good...

Here is where I'm unsure

The material I wish to adapt was done so 30 years ago into a TV movie. Does that mean the company took up copyright of the material or that they just own that adaptation (understandably) and that I'm free - like anyone else - to adapt the original material because that itself remains in the public domain.


Basically - is a book is out of copyright but someone makes a film of it do they no hold ownership of film adaptions of said material or is it still free to adapt to whomever wishes to do so

Many thanks in advance
 
I know that after a writer is dead after 70 years his work goes into the public domain. So that would mean it's okay to adapt without paying or seeking copyright permission. So far so good...
I'm not sure that's a hard rule. I believe copyrights can be inherited and renewed.

Anyway, you'll want to search copyright records to be sure the story has fallen out of copyright. That last production you referenced, no their derivative work would be copyrighted, but they wouldn't then magically get exclusive rights to a story that is now in the public domain.

So, if the original author's story has fallen out of copyright, into public domain, have at it!
 
I don't know anything about the United Kingdom, but, while the author's work is in the public domain, the movie's version may not be. IOW, Romeo and Juliet is in the public domain, but West Side Story would not. If you're trying to adapt the version from the movie, you should contact the studio that produced the movie or, better yet, have an intellectual-property lawyer do so.

That said, at least in the US, a person can have "fair use" of copyrighted material, and the question is how you wish to use that material.

But, again, I'm not up on this, and you really should get a lawyer to help you.
 
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