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Q: I understand that it is alright (no legal issues) for writers to adapt
plays, novels, etc. if they are in the "public forum." What exactly
does that mean? Does a writer have to be dead in order for them to be in
the public forum? I would like that clarified.—M. Chad K.
A: The right to make an adaptation of an existing work, known as a "derivative
work" under Copyright Law, is governed by the Copyright interests owned
or retained by the work's owner. If an owner has disclaimed all Copyright
interests in a particular work and donated such interests to the public,
the work would become part of the "Public Domain". What this
means is that any person is free to use, copy, or modify any work in the
Public Domain without the permission of any other party. However, it
may be prudent to obtain a written Public Domain representation letter from
the work's creator before making any assumptions about a particular work's
Public Domain status. A particular work also automatically becomes
part of the Public Domain upon the expiration of the work's Copyright. Please
visit When Works Pass Into the Public Domain ( http://www.unc.edu/~unclng/public-d.htm)
for a detailed table illustrating at what point a work becomes part of
the Public Domain.
Q: I have my original screenplay copyrighted, but if I ever sell it, would
the copyright automatically go with the sale? Can I reserve part of my copyright
to still own, for example, the lead characters (not just their names, but
the characters themselves) for future stories I may write about them? In
other words, could I sell the story but only lease the characters, so to
speak? Or could I sell my work with the stipulation that they only have rights
to the screenplay itself and can't make spin-offs based on this story?—Claudia
L.
A: Copyright which is a form of Intellectual Property, like any other
property interest can be viewed legally as a "bundle of rights". What
this implies is that a Copyright owner can either sell or license a Copyright
interest in its entirety or divide such Copyright interest into as many portions
as he or she chooses. This flexibility is one of the greatest benefits
of Intellectual Property law. An author has the ability to restrict
how his or her characters can be used and restrict the ability of others
to create spin-offs or other derivative works. However, even though
a Copyright work can be licensed in many different formats most publishers
and producers will insist upon very broad and encompassing Copyright assignments
or licenses to protect their financial interests. If this is an
important issue for an author it is critical that the publishing / production
agreement reflects the intent and expectation of the author.
Q: I enjoy writing and have written a number of screenplays that haven't
yet been produced. I find myself in a divorce situation. While I completely
authored the works, can my spouse claim 50% ownership over my intellectual
properties? Thanks—Tom R.
A: Divorce and Marital property laws, unlike most Intellectual Property
laws which are federal in nature, vary greatly from jurisdiction to jurisdiction. It
would be best to seek the counsel of a local qualified family attorney
if you are concern about how your marital property, including the screenplays
would be affected by a divorce.
—Mark Litwak (www.marklitwak.com)
Mark Litwak is a veteran entertainment attorney and Producer’s Rep
based in Beverly Hills, California. He is the author of six books including:
Reel Power: The Struggle for Influence and Success in the New Hollywood,
Dealmaking in the Film and Television Industry, Contracts for the Film and
Television Industry, and the recently published Risky Business: Financing
and Distributing Independent Film. He is the author of the CD-ROM program
Movie Magic Contracts, and the creator of the Entertainment Law Resources
website at www.marklitwak.com. He can be reached at law@marklitwak.com.
Disclaimer-Any
material sent to or provided by Mark Litwak is for illustrative and educational
purposes only and should not be relied upon as legal advice, or be considered
confidential or the basis of an attorney client relationship. This
material may not be suitable for your particular situation and different
legal advice may be appropriate depending on your jurisdiction or circumstances.
Therefore, you should not rely on this material, or any part of it, without
the advice of competent legal counsel.
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