Possible Personal Copyright Issues - Help!

[IDGS]

Alright, here goes.

I've recently had my first novel published through a small press based out of Australia, with an expected release later this year.

My question is this - what possible implications may bite me in the ass if I decide to write a screenplay for the novel?

Everyone who's read it has said 'movie' after completion, and I think they may have something to build on. I'd like to give screenwriting a try, so I'm just wondering what complications may arise if I decide to give it a shot.

Also, should I bother, or try to sell the 'novel' as a screenplay in itself, if that makes sense?

Like I said, vet writer but new to screenwriting!

[Medievalist]

Look at your contract and see what rights you've sold.

[IDGS]

Look at your contract and see what rights you've sold.

I've sold worldwide publishing rights and rights to distribute print and electronic copies, but I retain copyright.

[Medievalist]

I've sold worldwide publishing rights and rights to distribute print and electronic copies, but I retain copyright.

Does it mention screenplays, films, tv, treatments, or derivative works?

Have you checked with your agent?

[IDGS]

Look at your contract and see what rights you've sold.

Does it mention screenplays, films, tv, treatments, or derivative works?

Have you checked with your agent?

It does not mention anything about what you've listed.

I unfortunately do not have an agent, which is not for trying.

[nmstevens]

It does not mention anything about what you've listed.

I unfortunately do not have an agent, which is not for trying.

Well, what is important is that you are clear in you mind just what it is that you are trying to sell.

That's because generally, when a screenwriter writes and sells a screenplay, he isn't actually selling that document that he's written. What he's selling are the *rights* to that thing that he's written. Specifically, *all* the rights, in perpetuity, throughout the universe.

Playwrights and novelists, on the other hand, don't do that. They sell specific and limited rights, and retain the copyright to the underlying work.

David Mamet still owns Glengary Glen Ross. Tom Clancy's *estate* still owns Hunt for Red October. J. K. Rowling still owns Harry Potter.

They just don't own the movie rights any more.

And that's true whether they write the screenplays for the underlying work (as Mamet does) or not.

But the point is -- the underlying work -- the novel, the play -- has to be real. It can't just be something in a drawer, or the equivalent of a vanity press "self-published" publication.

So if what you want is to be doing the latter -- that is to be selling the movie rights to a pre-existing published novel, with you attached to write the screenplay -- then that's what you have to sell.

But for that to happen, first you have to have a published work.

Because if you write a screenplay now, with the publication of the novel scheduled for some time off in the future, it's going to be much harder to, in essence, "market" what you are doing as selling the rights to a novel when what you are showing isn't a novel, but rather a screenplay.

That's because, when a producer or an agent sees a screenplay, their assumption is -- this is the original work and my expectation is that what is being offered for sale here and I'm going to be buying here (if I decide to buy it) is all rights to it throughout the universe.

And if what they see on the title page is, "Screenplay X by John Jones based on Novel Y by John Jones" it's only going to be confusing because the first thing they're going to ask is -- who own the novel? Who acquired the rights? And if nobody bought the novel, why is there a screenplay?

Because that's not the standard practice in the business, which is -- Oh, here's a novel that might make a good movie. Let's option it, get a writer, and then write a screenplay and see if we can get it set up.

So -- probably the best advice is -- publish your novel, write your screenplay if you want, and then see if you can sell the movie rights to your novel. And if you do, that's the time to address the issue of the screenplay and the fact that you have one.

NMS

[IDGS]

Thanks a ton for the great advice, NMStephens!

I figure I'll be long done the screenplay by the time the novel is actually released, so hopefully the hype surrounding the book will help sell the screenplay if everything goes according to plan. And, if there is any hype, I suppose.

Anyways, thanks again for the detailed answer!