John August

Search Results for: book rights

Getting permission

QandA, Rights and Copyright

An alarmingly high percentage of reader questions contain some variety of the phrase, “Do I need permission to…”

The short answer is generally, “Yes.” The long answer continues, “…but don’t worry about it so much.” People get unnecessarily freaked out about copyright and trademarks, out of fear that Nabisco is going to sue them for millions of dollars. That’s simply not going to happen.

But to help you sleep a little easier, I’d highly recommend a new book from [Nolo](http://www.nolo.com) called [Getting Permission: How to License & Clear Copyrighted Materials Online & Off](http://www.nolo.com/lawstore/products/product.cfm/ObjectID/4835B5AF-0C35-4540-A4FE20738596443E/catid/2EB060FE-5A4B-4D81-883B0E540CC4CB1E). That’s a lot of ampersands for one title, but it’s a very good reference for the super-diligent writer who wants to make sure his Bob Dylan musical is on the up-and-up. (Section 5, page 21)

The book has all the forms you’re likely to need for most purposes, although it’s not film-centric. There are no rights-option agreements, for example.

Nolo has books on a wide variety of legal topics, which is of course catnip to the do-it-yourself-er like me. [How to Buy a House in California](http://www.nolo.com/lawstore/products/product.cfm/ObjectID/2B3C9AA5-19FF-45F8-B0E47338DEECD3F3/catid/AAFB97A1-F23E-4D6F-98DBD8C64C478126) was by far the most useful thing I read before I bought my first place a few years ago — I’ve lent it out to many friends. Even if you live outside of California, it’s a very good primer. In my case, I had dramatically mis-estimated what I could afford to buy, and would have ended up in the wrong house without it.

Optioning a screenplay

QandA, Rights and Copyright

What is the best method for optioning a script? I recently came across a script I’d like to develop, in hopes of pitching the project to production companies in L.A, and was wondering how this is actually done.

Do I offer the screenwriter monetary compensation for a one year’s option, with a second year option available if I want to keep working on developing the script? What happens after I option the screenplay? Can I make changes to the script?

–Arturo Tapia
Down To Earth Productions
Chicago, IL

Your assumptions are all correct. But for readers unfamiliar with options, a bit of explanation. From [Dictionary.com](http://dictionary.com):

>**option**
>The exclusive right, usually obtained for a fee, to buy or sell something within a specified time at a set price.

You often hear about options in terms of investments, but it means exactly the same thing in the film industry. When you option a script, a book, or some other piece of material, you’re making a deal that says basically:

* I’ll pay you X amount of dollars right now.
* In return, you promise that for a certain period of time (called the “option period”), you won’t sell this (script/book/whatever) to anyone else.
* At any point during this period, I can choose to buy all rights to the (script/book/whatever) for the pre-determined price of Y.
* At the end of the option period, I can elect to renew (or extend) the option for pre-determined amount of time, at a pre-determined price.

A sample option for a novel might be described like this: $5,000 for a two-year option, renewable twice at the same terms, with a buyout of $100,000. The details would be spelled out in full legalese in a contract known as an option agreement, signed by both the producer and the writer.

Why would a producer option a novel, rather than buy it outright? As you can see, it’s cheaper. In this case, for 1/20th the money, the producer has gotten the rights to the book he wanted. What’s different is that there’s a “ticking clock.” Unless he can get the movie set up within two years, he’ll have to pay another $5,000 to renew the option.

In Arturo’s case, he wants to option a script, then do some work on it — presumably with the original writer. That’s pretty common. Contracts would need to clarify who owns the new writing performed on the script in the event the option lapses. The most hard-core version might say that the producer owns any-and-all-revisions, while the more moderate version might allow the screenwriter to claim any work he or she did during the option period.

What if Arturo decides he needs to bring in another screenwriter for a rewrite? Well, unless he’s signed something stating otherwise, he can. He’s pretty much free to change anything he wants. That is, until the option lapses, and the original writer gets his original script back.

This is why a screenwriter needs to pay particular attention to the renewal clauses when signing option agreements. A one-year or two-year option with one chance to extend for a year should be adequate for most situations. You don’t want your script caught in an endless cycle of renewals with a producer who can’t get your movie made.

Dead copyright holders, and being too young

QandA, Rights and Copyright

I read the section on your site pertaining to copyrights and adapting a book or novel to a screenplay.  My only question is, if the copyright hasn’t expired, but the author died some time ago, what is one to do?  I’ve started the adaptation, but I don’t know if I should continue due to my uncertainty. 

Also, I’m a young screenwriter, a teenager, and although I’m confident in my writing, will my age hold me back from breaking into the world of screenwriting?  Thank you very much for your time.

–Brandon
New York City

When an author dies, the copyright passes on to his heirs. For instance, Roald Dahl wrote *Charlie and the Chocolate Factory*. He died in 1990, but in order to make a movie version of his book, Warner Bros. had to negotiate with the executors of his estate to obtain the rights.

In your case, someone, somewhere owns the rights you seek. In all likelihood, the publisher is sending royalty checks to someone, so the standard advice (call the publisher’s “sub-rights” department) still holds.

[Reminder: It’s copyright, not *copywrite*; the past tense is copyrighted, not *copywritten.* I changed the spelling in Brandon’s question because it hurt my eyes. And yes, there is such a word as copywriter, but that’s a person who writes copy for advertising.]

As for your second question, yes, your age may hold you back from breaking into the world of screenwriting. But guess what? You’ll get older. Age is the only quality which increases without any effort on your part.

Do you need permission to use a quotation?

QandA, Rights and Copyright

If when writing a screenplay, you use a quote from a live person that you saw in a magazine article, do you need to get the rights from either the person or magazine?

–Russell

I should always preface these answers with: “I’m not a lawyer, so I could be wrong…” But I don’t.

I can imagine two different instances where this might come up. The first is when you’re using the quoted material in reference to the speaker himself. So if your scene has dialogue like:

TOM
Why sell yourself short? As Donald Trump says, “As long as you’re going to think anyway, think big.”

In this case, you’re attributing the quote to its creator. In my personal, non-lawyer opinion, you’re pretty well protected without getting any additional permissions from anyone. The only thing to watch out for is that the comment couldn’t be seen as defamatory in the context you’re using it. For instance, an otherwise innocuous quote used as a racist insult should set off red flags.

Another scenario might be using a quote without attributing its source. Here it gets a little stickier. For instance:

UNCLE PHIL
You can put wings on a pig, but you don’t make it an eagle.

It’s a somewhat funny line. It’s also a direct quote from former president Bill Clinton. While someone of his stature probably wouldn’t have the inclination to hunt down a screenwriter who stole his line, another man with more time on his hands just might. The question of fair use certainly has some merit here, though it’s hard to say exactly how you’d go about documenting your legitimate usage. An on-screen footnote? A bibliography printed on the back of the ticket?

Honestly, it doesn’t come up that much. While we’re all familiar with ugly cases of plagiarism in which book authors have lost a lot of esteem, that’s just not the movie business. My advice — which tends to be my advice for most of the rights-oriented questions I get — is to do whatever you need for your script. At the time anyone expresses interest in making a real movie out of it, bring up these concerns with whomever is handling the legal affairs on the film. Let lawyers handle the law. You have plenty to worry about as a mere screenwriter.