question about copywrite and adaptation

[Autodidact]

I'm interested in writing a screenplay adaptation of Elizabeth Enright's wonderful book, Thimble Summer. I've tracked down that the copywrite was renewed in 1966, and is probably now held by her three sons, Nicholas etc. Gillham. From what I've learned, it would expire in 2013 (right?).

If I just wait till 2013, will it just expire? Can I start working on the project and take 3 years, which I probably would need anyway?

Or should I track down the sons and ask? Of course I don't have any money. The book deserves to be a movie. If so, how would I find them, through her publisher, Doubleday children's?

Thoughts?

[nmstevens]

Originally Posted by Autodidact

I'm interested in writing a screenplay adaptation of Elizabeth Enright's wonderful book, Thimble Summer. I've tracked down that the copywrite was renewed in 1966, and is probably now held by her three sons, Nicholas etc. Gillham. From what I've learned, it would expire in 2013 (right?).

If I just wait till 2013, will it just expire? Can I start working on the project and take 3 years, which I probably would need anyway?

Or should I track down the sons and ask? Of course I don't have any money. The book deserves to be a movie. If so, how would I find them, through her publisher, Doubleday children's?

Thoughts?

As I understand the matter, if a work is first published in the U.S. between 1923 and 1963, and the copyright (not copyrite) was renewed, then the current term of the copyright is 95 years from the date of first publication.

So the question is not when it was renewed, but when it was first published -- because the changes in the law threw out that whole first term/second term copyright formula for works published in that time period -- *provided* that the copyright was renewed.

So given that, according to you, the copyright was renewed in 1966. Under the old law, the copyright period was 28 years, which would suggest that the work was first published, and initial copyright period commenced in 1938.

But that means that, under current law, given that it was renewed, it will expire in 1938 plus 95 years -- which, I'm afraid, is 2033.

But, the best way to find out the rights situation in respect to any currently in print is to call the publisher and ask for the rights department. Then tell them that you're interested in finding out whether the movie adapation rights on that particular work are currently available and who owns them.

Chances are, they'll tell you.

And by the way, if they ask -- tell them that you're an independent producer based in -- where ever you happen to live.

Don't tell them that you're a screenwriter, because even if that's what you are, when you option or acquire the rights to a book, like it or not, you've just become a producer.

If the book isn't in print, then you're going to have to try to do a copyright search, which is a pain in the neck and often yields uncertain results, especially since you need to confirm, for the purposes of being able to sell a screenplay based on a novel, that the work is in the public domain and that no rights to it have been sold or are owned by anybody anywhere in the world.

NMS

[Autodidact]

Thank you very much, nm, that's why I love AW. It's in print. It's a beautiful book, actually, and seems very cinematic to me, although what do I know. It's set in rural Wisconsin in the thirties, and the author loves the countryside and the people she writes about.