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"adapting" a novel

kgasser2

kgasser2

I had some questions about using ideas from a book.

Obviously, if I wanted to do a direct interpretation I would have to buy film rights. But what if I made a story inspired by, or loosely based around the original story? Would I have to buy rights or provide credit to the author? Where do you draw the line between a direct adaptation and your own story inspired by the original? Or what if I want to make a short based on a passage from a book?

Any input is appreciated!
 
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I'm not sure but I think you can look at Avatar as an example for that. Since I didn't hear of any lawsuits from makers of "Dancing with wolfs" or "Pocahontas".
 
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not NOT, EVER, under any circumstances mention Avatar in any of my posts ever again. Avatar is a slap in the face to anyone who takes film seriously. I am thoroughly disgusted that this movie recieve any attention or nominations for anything other than fx.

Fuck Avatar.

Now, some serious tips please. :)
 
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It depends on what story you're talking about and the extent of which you're basing your story off of it. If it's a non-fiction story it obviously becomes easier as many different films have been created on the same real life event in the past.

Usually if you're worried that your infringing on an idea you are and you'll want the opinion of someone informed in all the legalities. ;)
 
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I think the best example, actually, to look at in this case is AI. Say what you will about the movie, but it's a good example of what you're talking about:
The entire film is structured around Pinocchio and even mentions the fairy tale several times and basically screams at the view "Hey, this is Pinocchio, but with Robots." and unless I'm wrong, they never credit Carlo Collodi at all for coming up with the original Novel. (But it does credit the author of the short story which inspired the movie eventhough the film is much more influenced by Collodi's novel and the subsequent Disney film rather than the dozen or so pages of the short story) So I would say that's probably the farthest you could take the whole "influenced by" idea without having to credit anyone.
Also, look at how many sci-fi movies mention or explicitly use Alice in Wonderland in their themes, plots, and characters without really saying anything about Lewis Carol.
Hope this adds some perspective on the issue.
 
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danjfiore said:
Also, look at how many sci-fi movies mention or explicitly use Alice in Wonderland in their themes, plots, and characters without really saying anything about Lewis Carol.
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What do you mean? I like sci-fi but I can't recall any blatant alice in wonderland ripoffs...

But isn't Alice in Wonderland public domain at this point anyway?
 
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Well, the Matrix used the whole alice in wonderland theme (at least the first one), what with the down the rabbit whole, follow the white rabbit, etc. And the TV shows Lost and Fringe have regularly referenced Alice and Through The Looking Glass through out their runs (although much more implicitly and subtly). The film Tideland is VERY much influenced by the Alice stories (as filtered and reimagined by Terry Gilliam). I'm sure there are many more that I'm not as familiar with though.
 
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I did a direct adaptation... of a short story where the copyright had expired.

I think if you just ripped off the premise, but used different character names, places, title, etc... not much they can do. If you reference the original, and it's under copyright, you'll need permission.
 
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Gonzo_Entertainment said:
I did a direct adaptation... of a short story where the copyright had expired.

I think if you just ripped off the premise, but used different character names, places, title, etc... not much they can do. If you reference the original, and it's under copyright, you'll need permission.
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This is a good tip. I think everyone else was mostly refering to stories whose rights are already public (right? after 40 years anyone can use it. or is that just music?) If anything I would probably rip off (i use that term lightly) a newer-ish book.

I'd like to hear more on the situation. Other opinions?
 
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kgasser2 said:
This is a good tip. I think everyone else was mostly refering to stories whose rights are already public (right? after 40 years anyone can use it. or is that just music?) If anything I would probably rip off (i use that term lightly) a newer-ish book.

I'd like to hear more on the situation. Other opinions?
Click to expand...

Copyright law in the United States is a convoluted mess. Here's a chart for anybody trying to figure things out. Of course other countries have different laws, and it's not uncommon for a work to be in the public domain in one country and not in another.
 
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If it is a direct adaptation...

kgasser2 said:
I had some questions about using ideas from a book.

Obviously, if I wanted to do a direct interpretation I would have to buy film rights. But what if I made a story inspired by, or loosely based around the original story? Would I have to buy rights or provide credit to the author? Where do you draw the line between a direct adaptation and your own story inspired by the original? Or what if I want to make a short based on a passage from a book?

Any input is appreciated!
Click to expand...

Then of course you MUST secure rights. There is such a thing as FAIR USE but even so, when you actually SAY that your film or story is BASED ON or INSPIRED BY the original, you should go ahead and secure the rights just to be on the safe side because of course, that is in fact, your INTENT.

filmy
 
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kgasser2 said:
This is a good tip. I think everyone else was mostly refering to stories whose rights are already public (right? after 40 years anyone can use it. or is that just music?) If anything I would probably rip off (i use that term lightly) a newer-ish book.

I'd like to hear more on the situation. Other opinions?
Click to expand...

It depends on if it was renewed. The author I adapted, the family didn't renew any of the copyrights, some of the publications where the stories were published did, but some did not.
 
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