Adaptation Question

Unless you already have a six figure name... I doubt the studio will give up their option for it cheaply.

So no... you don't have a market unless you change the copyrighted material of your piece.

Thanks...so basically it's sell the script to the option holder, find some big name to champion the script and convince the option holder to make the film from my script or sell the option, or it ain't gonna happen. Am I understanding that correctly?

FlyingMonkey said:

Thanks...so basically it's sell the script to the option holder, find some big name to champion the script and convince the option holder to make the film from my script or sell the option, or it ain't gonna happen. Am I understanding that correctly?

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Pretty much. Selling the script is a POSSIBILITY depending on how known you are as a screenwriter and if you have an agent... they might not even consider looking at it. Also, they might not even want to use the option, perhaps having it just as a part of their catalog.

If you find that big name champion, as you call it, then you might have a chance? It'll most likely be a producer that you could find to bring it to them that would work. Perhaps research producers who have worked with adaptations of similar story or genre?

Having them sell the option is very unlikely, if not improbable. For SOME reason they optioned that book, perhaps they are holding it for trade material? Perhaps they got it as trade material? Planned a movie that fell apart? Etc... they will NOT sell it to a no name, if you can get that big name champion, they will want a cut of the action anyways, selling isn't an option for them.

SkyCopeland said:

Pretty much. Selling the script is a POSSIBILITY depending on how known you are as a screenwriter and if you have an agent... they might not even consider looking at it. Also, they might not even want to use the option, perhaps having it just as a part of their catalog.

If you find that big name champion, as you call it, then you might have a chance? It'll most likely be a producer that you could find to bring it to them that would work. Perhaps research producers who have worked with adaptations of similar story or genre?

Having them sell the option is very unlikely, if not improbable. For SOME reason they optioned that book, perhaps they are holding it for trade material? Perhaps they got it as trade material? Planned a movie that fell apart? Etc... they will NOT sell it to a no name, if you can get that big name champion, they will want a cut of the action anyways, selling isn't an option for them.

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I understand, thanks. This is kind of what I expected.

The news is not bad enough to stop my project, it just means I have to hope for the best but expect the worst. As I said, I'm pretty committed to the original work and I think I might do it anyway and just view it as an opportunity to hone my screenwriting skills.

FM

Be careful you are sure of the ownership status. An option is often time limited. A producer will option a script for two years to put together director, name talent and other pieces to package to arrange financing to produce the film. An option is a temporary transfer of rights from the author to the production studio.

A purchase is a full transfer of all rights. In this case, you would need to purchase or get permission to adapt the story as they hold all rights, including that of adaptation. Your script would need to differ significantly from the book/story to avoid copyright litigation.

Often big studios will purchase up competing scripts for projects they have in the works. Not that they intend to produce them, but they don't want the competition. I've heard of a couple major studios that have purchased scripts that have the same coverage. They may even option a script just until their project is released.

Adapting a work in copyright is tricky. Most publishers have arrangements with large studios that give them first look rights for bestsellers. The best way to get a movie market deal is to have a popular book series. Of course, breaking into the book marketplace isn't any easier than breaking into the screenwriting marketplace. It is a combination of time, talent and persistence.

Thanks for the information, FantasySciFi.

How can I find out the exact status of the copyright in terms of licensing, purchases, options, etc. I checked the US Copyright Office catalog; I see the author's estate listed as party 1, and the studio as party 2. How can I find what that means in terms of the actual status?

Sorry for all these legal questions, I know this forum is supposed to be about *writing*!

am I basically limited to a market of one, the studio holding the option?

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It's more likely to be a market of zero. Some companies won't accept spec scripts. It might be worth finding out if they're open to accepting a script for this material before you do the work.

Slightly different thing, but I was asked to get involved with a project that was making youtube fan fiction films for Maximum Ride series of books. A particular studio owns the rights and has been in and out of development hell for a long time. They were quite friendly to fan fiction adaptations, being in sketchy copyright grounds and seeing the project needed funding to get done properly, the project quickly collapsed.

How can I find out the exact status of the copyright in terms of licensing, purchases, options, etc.

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Your first call should be to talk to the publisher of the books. Ask them who owns the rights that you require to write your script. They may or may not know. If they point you in the right direction, make more followup calls. If not, you can attempt to talk to the agent of the author. If the author is dead, a call to the (I forget the name) "manager" of the estate.

All is not lost. While it sounds like a slightly different set of circumstances, look up the behind the scenes video of how The Maze Runner was put together. The studio owned the rights to the book, they were looking for a way to make it, an essentially first time director pitched his vision (with story boards and all) and the studio brought him on. It's a fairly rare, but it shows, it can happen.

Thanks Sweetie, that's some good information. I found a contact number for the agency that used to represent the author, I will call them and find out if they still represent the author's estate or knows who does.

Andrew Lloyd Webber sold the option of Phantom of the Opera to a studio for peanuts. They then did not proceed with it and sat on it. So, when he had raised the cash to do it and asked for the rights back they said no. he had to BUY them back for $125,000, multiples of what he had been paid just to make a film on the basis of his own work.

Just because they are not making it, does not mean that they will allow you to do so.

FantasySciFi said:

Be careful you are sure of the ownership status. An option is often time limited. A producer will option a script for two years to put together director, name talent and other pieces to package to arrange financing to produce the film. .

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Actually, no. BEWARE: It does not have to be 2 years, it can be longer. That's how Andrew Lloyd Webber got royally screwed. His lawyer failed to check the contract which actually locked up his Phantom Of The Opera for a decade or more... so they just sat on it until he had to shell out $125,000 to buy his own work back.