Adaptation rights

Kit_Marlowe · Apr 18, 2007

Hi All,

I am looking into the possibilities of acquiring rights to a book (a true story penned by the main protagonist himself) to adapt it as a screenplay. As the author is dead, I guess I have to start my enquiries with the publisher. Does anyone know of a source for sample enquiry letters? Not the actual life-story option agreement or similar, but the very first step, if you like. And if you have any experiences and / or warnings to share, I'd appreciate them very much. Thanks!

xhouseboy · Apr 18, 2007

The publisher is most likely your first stop, from where you will probably be put in touch with the author's estate. The negotiations should then take place between yourself and whoever now owns the rights to the author's work.

I worked for a company that went through this very process. We had to option the rights from the author's daughter. We first had to speak with her, give her an idea of how we intended to adapt the work. Surviving family can often be more protective towards the work of a loved one than the original author ever was.

NikeeGoddess · Apr 18, 2007

you can just email the publisher or the last publicist of the author (if recent) about the rights: who owns them and their availability. it could be a third person who owns them with some intention, doing nothing with them, and/or waiting for YOU to call and ask the puchase price.
just call or email - very easy.

Rainy Night · Apr 19, 2007

When was the book written? It may be in the public domain.

Kit_Marlowe · Apr 19, 2007

It was written in 1956, so it might indeed be in the p.d. - unless it's covered by the Berne Convention (which I think gives 70 years, right?), or has been extended (that's possible, isn't it?). I'll try to find out from the publisher.

My concern is mostly that since I'm an unpublished, "un-agented" hopeful, they won't even consider replying unless my very first contact / enquiry looks professional, hence my question about sample enquiries.

Maryn · Apr 19, 2007

If it was written in the US in 1956, it's going to be 70 years after the author's death before it goes public domain. I'm afraid I don't know the copyright laws elsewhere.

Maryn

NikeeGoddess · Apr 19, 2007

they don't care if you're newbie writer or not. just ask. they'll answer. you don't need to give them a reason for the inquiry. they won't ask for your resume. it doesn't hurt them to tell you the truth: whether the rights are available and up for sale or who you have to call to find out.

know that the more popular the author/book is the more expensive the rights will be. if the family owns the rights they might just let you write it on spec. if it's a best seller then you can assume that someone else has already paid a hefty sum for the rights... and then there's all that gray area for the cost of the rights.

Mac H. · Apr 19, 2007

I found that they tended to be non-responsive to emails, but follow up calls did the trick.

A summary of how it worked (or didn't!) for me is here: http://messageboard.donedealpro.com/boards/showthread.php?t=28626

Mac

dpaterso · Apr 20, 2007

It's screenwriting contest season! (link to Moviebytes.com contest calendar) Many contests accept online submissions. Consider spending a few bucks trying to get a credit under your belt, which will make your position that much stronger. (You've written other screenplays, right?)

-Derek

Kit_Marlowe · Apr 20, 2007

Thanks, all, especially Mac H. for the link!

I'm not sure what copyright law covers the book. You see, the author was an Italian who wrote in English, and the publisher is in the US... that'll be an interesting trail to take up. As for costs, I'm mildly hopeful - it's not a best-seller, in fact, I believe it's not very well known outside a small specialist area, but when I read it I had the impression I was reading the treatment for a fabulous film...

And yes, I have written all of *one* other screenplay, which is currently awaiting judgment by the boss-man of a big London agency. Keep yer fingers crossed, me hearties ;-).

Hillgate · Apr 25, 2007

NikeeGoddess said:
they don't care if you're newbie writer or not. just ask. they'll answer. you don't need to give them a reason for the inquiry. they won't ask for your resume.] .

THEY WILL AND THEY DO ASK FOR A RESUME AND SOME CAN BE VERY PICKY INDEED AND HIGHLY PROTECTIVE. MONEY IN MANY CASES IS NOT THE DRIVING FORCE UNLESS YOU'RE OFFERING A VERY LARGE AMOUNT, ESPECIALLY OUTSIDE THE US.

xhouseboy · Apr 25, 2007

What Hillgate said.

NikeeGoddess · Apr 25, 2007

hill - no need to shout. i'm not disagreeing with you. what i said was they don't care who you are to GIVE you the information about the rights and not the rights themselves.

anyhoo - these things must be dealt with on a case by case basis. ie - an unknown/unpopular novel will be much easier to attain then a best seller.

Adaptation rights

Kit_Marlowe

xhouseboy

In the Yellow Woods

NikeeGoddess

Rainy Night

INFJ

Kit_Marlowe

Maryn

I Tried

NikeeGoddess

Mac H.

Board Visitor

dpaterso

Also in our Discord and IRC chat channels

Kit_Marlowe

Hillgate

On location

xhouseboy

In the Yellow Woods

NikeeGoddess