Screenplay Based on a Book

starrykitten

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Hello!

I am sure you are tired of this question by now, for which I apologize, but I hope you'll humor me and answer it once again.

There is a novel that I love that was written by a woman who is now deceased. I really want to write a screenplay based on the novel. I don't know who handles her legal matters, but I am sure I can find that out.

She never achieved mainstream fame but has quite a cult following, so if it came to it, I feel sure that I could get good support if I crowd-sourced a fundraiser to make a movie based on one of her books..

Can anybody tell me at what point I need to get legal clearance to work on the adaptation? Should I do it before I even start writing the adaptation? Or wait until I have at least a partial sample to show her legal team?

This is my first screenplay, so I have much to learn.

Thank you so much for your help.
 

cornflake

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Hello!

I am sure you are tired of this question by now, for which I apologize, but I hope you'll humor me and answer it once again.

There is a novel that I love that was written by a woman who is now deceased. I really want to write a screenplay based on the novel. I don't know who handles her legal matters, but I am sure I can find that out.

She never achieved mainstream fame but has quite a cult following, so if it came to it, I feel sure that I could get good support if I crowd-sourced a fundraiser to make a movie based on one of her books..

Can anybody tell me at what point I need to get legal clearance to work on the adaptation? Should I do it before I even start writing the adaptation? Or wait until I have at least a partial sample to show her legal team?

This is my first screenplay, so I have much to learn.

Thank you so much for your help.

I presume she's recently enough deceased that the stuff isn't in the public domain.

Are you sure the rights are available, given her stuff has a following?

Yes, you need to be able to do it before you start. I mean you can write whatever you want, but you can't use anything you don't own the rights to or that you're not contracted by the rights-holder to produce. You really, really don't want to approach anyone representing the estate with work presumptively in violation of her rights in your hand.

Getting 'legal clearance' is almost certainly going to mean buying the rights, if they're available for purchase and if they're not already held by someone else.

The expense can range hugely.

As for crowdfunding to make a movie - not that it's what you asked, but if you don't have experience in this realm, why would that be easy? Movie-making is a massive, insanely expensive undertaking.
 
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dpaterso

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You can start writing it immediately! Just don't show it to anyone. What you do in the privacy of your own computer is your business.

I'd write to the novel publisher, if you can't track down anyone else. They'll be able to point you in the right direction as regards who owns the rights.

If whoever owns said rights is willing to let you adapt the novel into a screenplay, with whatever payment is agreed, for whatever period of time, then you can do as you will as regards trying to raise private financing or getting prodcos interested.

-Derek
 

RJenn

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You should inquire about the rights before you start the project. If a producer or studio doesn't already own the rights to a film adaptation, their likely now owned by the next of kin (spouse, children, etc.). You'd likely have to purchase any rights, so decide if that's something you'd be willing to do before you contact her legal team. And also - not to be a bubble buster - but since this is your first screenplay, be prepared for the possibility that the family may not want to sell the rights. Especially since there's no budget or guarantee of production.
 

Maryn

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My second-hand understanding is that if you write before you secure the rights, and if the rights holder knows you have already invested your time and energy, the price is likely to go up. The idea is that you'll be more willing to pay whatever they demand so your work and time won't have been for nothing.

So please, secure the rights early or don't do it.

Maryn, who knows this screenwriter online...
 

Bergerac

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Keep in mind, too, that rights aren't generally "sold", but optioned (which is similar to renting) for a finite period of time with each subsequent option period more costly than the last. This way, if a production never gets off the ground than the person optioning the IP will drop out and the rights can be optioned again to another, possible more viable, entity.

So if you write something that's never made you won't "own" your work.
 

Interrobang

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If your author died more than 70 years ago, the work should be out of copyright.

If it's less than 70 years, contact whoever manages the estate (this will usually be an agent if some of the author's books are still in print) and see if the movie option is available. It might not be, some people sit on options for a long time even if they've no immediate plans to exploit them.

If it is available, find out how much.

Some options go pretty cheap. If the work is not well-known, it's in the estate owner's interest to get it some publicity and boost interest.