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Web
By Lenore Wright
Securing
Film Rights to Published Material
Have you ever read a book or story and thought, "This would make a terrific
movie!"? Sure you have.
Should an aspiring writer attempt to secure the film rights to already published
material? Well, maybe, sometimes.
Some screenwriters do break into the business by adapting a story from a
published source. This strategy only works...
IF the writer has been hired to adapt the story by the entity that CONTROLS the
rights to it.
or
IF the writer CONTROLS the underlying rights to the published material.
No legitimate producing entity will get involved in a project unless the rights
are secured. Let me repeat that --> No LEGITIMATE producing entity will get
involved in a project unless the rights are SECURED.
Further, if someone else controls the film rights, any work you do on the
project will be FUTILE whether it is adapting the story, writing the screenplay
or attempting to set up the project at a film company.
So, if you long to adapt previously published material, be certain you control
the rights to the underlying material. How do writers secure the rights to
published material?
STEP 1: FIND OUT WHO CONTROLS THE FILM RIGHTS
Research the contact information for the publisher of the book or magazine story
that interests you. You will probably find their mailing address or contact
information in the front of the book or magazine. Contact the publisher's rights
and acquisitions department. Often this initial query can be done by faxing the
publishing house a short letter inquiring about the film rights.
You will receive one of these responses:
RESPONSE #1 -> The film rights are NOT available.
If this is the case, DO NOT attempt to work with the material. You waste your
time and set yourself up for heartache when you work on material that someone
else controls -- unless of course the person in control of the rights has hired
you to adapt the material.
RESPONSE #2 -> The film rights ARE available.
If this is the case, proceed to Step 2 below.
RESPONSE #3 -> The film rights are in the PUBLIC DOMAIN.
Public domain means that the author's copyright has expired on this material.
Briefly, authors retain copyright through their lifetime plus a certain number
of years depending on the law that was in effect when the material was
published. If the work is in the public domain you are free to adapt it and sell
your adaptation.
Examples of public domain authors: Shakespeare, Shaw, Louisa May Alcott,
Sophocles, Homer, Hawthorne, Henry James, Edith Wharton and many others.
One caution: Public domain works sometimes have multiple projects developed at
the same time since no one controls the rights exclusively. Some of Jack
London's work recently moved into public domain. Currently, there are three
different versions of London's CALL OF THE WILD in active development.
STEP 2: CONSIDER NEGOTIATING AN OPTION ON THE FILM RIGHTS
Notice I say consider. Just because rights are available doesn't mean you should
or can acquire them. Before you mortgage your home and make an offer on the
rights, do some research and plenty of creative thinking.
Here are some parameters to guide you:
-> TARGET APPROPRIATELY
Most well-known books or novels by best-selling authors would be too expensive
for an aspiring writer to option. More reasonable properties to target might be
out-of-print books, short stories or books from small publishing houses.
-> RESEARCH THE SPECIFIC MARKET
Ask yourself these questions --
~ Is there a movie audience for this project?
~ Are similar projects currently in development?
~ What books and stories have sold recently to the movies and who bought
them?
To research current movie development deals log onto => www.hollywoodlitsales.com.
-> CONTACT A PROFESSIONAL TO HELP YOU NEGOTIATE
Agents, managers and entertainment lawyers specialize in securing rights to
creative material. If you are serious about securing the rights to a specific
published piece, you should contact an experienced professional to help you.
It is smart to find out all you can on your own before you put an entertainment
attorney on the clock. The Web offers many sources of free information on
copyright and how to secure rights to creative material. Here are a few reliable
places to help you get started:
Basic copyright sites:
=> www.whatiscopyright.org
=> www.benedict.com
Entertainment attorney tutorial => www.lawgirl.com/copyright.shtml
This guy knows it all => www.ivanhoffman.com
Sample creative rights contracts => www.lawsmart.com/main.html
When dealing with previously published material, passion for the story is not
enough. Get the facts and proceed with caution.
Lenore Wright has 15 years experience writing and selling screenplays in Los
Angeles and New York. For free marketing tips and tools SUBSCRIBE to her
newsletter Script Market News by sending a blank email to newsletter@breakingin.net.
Or visit her Website => www.breakingin.net/
Copyright ©
2003 Lenore Wright
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