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This article is used by permission of Mark Litwak, Esq. and is taken from
www.marklitwak.com.
Question: When a scriptwriter wants to adapt a book that has been out of
print for at least twenty years, is there a "standard" offering
the script writer should make to the author for the rights? Would it involve
a one time payment, or is it based on a percentage of future sales? Debora
V.
Answer: Probably the most direct way, is to contact the author or
the copyright owner. Another method, for a book, is to call the author's
publisher and ask for the subsidiary rights department and/or the name of
the author's literary agent. One or the other should know the status of the
movie rights, or who would know. If the work is a script, try calling the
screenwriter. If he/she is a member of the WGA, the guild will give you the
name of their agent. Alternatively, go to the copyright website and search
for the property by name or author, and see if any options have been recorded.
Although copyright registration is optional, most authors do register their
work, and a producer taking an option may record this transfer of rights
as well. You could also order a copyright report from the copyright office,
or from one of the services (e.g. thomson and Thomson) that provide such
information.
—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
the recently published Risky Business, Financing and Distributing Independent
Film (Silman-James, 2004). He is the author of the CD-ROM program Movie Magic
Contracts, and the creator of the Entertainment Law Resources Web site: 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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