OT: Copyright of 'stories'?

farss wrote on 9/13/2009, 7:01 PM
I have a client whose been working on a project for sometime. Much to my total amazement after our first discussion about this project she went off and learned about the art of screenwriting and is now tackling such topics as shot blocking. She gets 11/10 from me!

So now she's explained the story to me, it spans continents and decades and it is based on a recently published book. Clearly to do the original work justice entails a budget and production way outside her budget and my level of competance. So we discussed how this story could be told effectively on a much smaller scale and budget.

During the discussion the whole copyright thing started going off in my head but I sure didn't want to dampen this ladies considerable enthusiasm by prematurely putting speed bumps in her path. More to the point I haven't a clue how copyright works in this case. Morally the author has a right, his work is the inspiration, at the very least he deserves credit for the inspiration. My question and concern is how far does it extend beyond that. This isn't a unique story by any means and by the time it's been hacked down to fit the budget it maybe quite unrecognisable. On the other hand does the author have the right to say 'no, I will not let you tell my story that way'.

Pardon my rambling a bit here, can't really get my head around this issue. Any comments to help clear the fog appreciated. Once / If I get a clearer understanding of the issues I'll probably bounce this of our local copyright council but at the moment I'm unsure of what to even ask.

Bob.

Comments

arenel wrote on 9/13/2009, 7:39 PM
If the story is not derived from some classic tale or other public domain material, you have a lawsuit or lawsuits waiting to happen. The film rights may already have been optioned or purchased, and thhey as well as the author would come after you. She needs to talk to the publisher or author to find out if an option is available.

Ralph
musicvid10 wrote on 9/13/2009, 8:51 PM
Derivitave works (at least in the US) always require prior consent of the owner of record.
All they need to prove in court are enough similarities to presume their work was used instrumentally in the creation of another.

You need to contact the owner and publisher before going any further with this idea.
farss wrote on 9/13/2009, 11:27 PM
I had a talk with someone who knows a bit about this from the pointy end of the business. Quite a minefield, payments depend on who writes the screenplay, do you get the author involved on set. The adaption is in many cases far greater creative work than the original writing of the story, author may get next to nothing if that.

This is not the path I'm thinking this production should go down.

Just spoke to a producer I do some work for. His advice, forget the original book. Start with a clean sheet of paper and tell the story in a time and place to fit your budget. Take inspiration from lots of works.

Bob.
TheHappyFriar wrote on 9/14/2009, 5:07 AM
I could make my own story based upon District 9, but things have been done sooooooooooooooo many times it wouldn't matter. I couldn't use the characters, exact settings, etc. but if someone couldn't use the same idea then you wouldn't have a billion ripoff's of major movies when you visit the movie rental place or video games (ie Alien vs Hunter). Infact, district 9 has already been done in real life and in video games, nobody got sued. How many zombie movies follow the exact same plot & character setup but don't get shut down?

EDIT: but you're on the right idea: use the idea & make something original based on it.