|
This article is used by permission of Mark Litwak, Esq. and is taken from
www.marklitwak.com.
Question: There's a novel, entering public domain that I'd like to do an
adaptation of. However, it was previously made into a film by a large studio.
If the studio had “bought" the copyright from the author before
it made the film (and film is not yet public domain) but the writer goes
back to the "original work" (now public domain) and does an adaptation
that does not resemble the film, is he/she safe from copyright infringement
claims by the studio? —Anna N.
Answer: Once the novel goes into the public domain, anyone is free
to adapt it into a movie. Since the copyright has expired, it is available
to everyone. If the movie based on a public domain work is still protected
by copyright, then you cannot borrow elements from the movie that are not
present in the underlying novel. In other words, any copyrightable material
unique to the movie that is not in the book cannot be borrowed or used until
the movie goes into the public domain. The screenwriter for the movie you
plan to make should not even view the studio film in order to ensure that
the screenwriter does not inadvertently borrow anything from the film.
By the way, the studio probably did not buy the entire copyright to the
novel. More likely, they purchased the motion picture rights, which is the
right to adapt the book into a film.
—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.
|
Legal
Q & A 