Copyright Question

[robcg]

i like that but there were 10 guys - or 10 "gunslingers."

[ScriptNurse]

How about: "The Last Gunslinger"  (if that even works)

Congrats on your meeting!

[robcg]

hi, remember me?

yesterday i had a successful meeting with him and he is going to recruit the other guys. we are going to do a documentary first.

what title do you like best?

"Last of the Gunslingers"

or

"The Last of the Gunslingers"

- robert

[ScriptNurse]

Why don't you let him do that? Since he's "one of them," he might be more effective at recruiting ... just a thought.

[robcg]

i agree with everything you're saying. i didn't think about the "Associate Producer" title. he says he will help me recruit the others as well.

how would you approach the other guys? what should i get them to sign? there's a total of 10.

[ScriptNurse]

if i can't get the rights to the book i will base the screenplay off my own research AND i will also get one of the characters to sell me his life story.

This is what I would do anyway. The phrase "get the rights to the book" usually involve you writing a check for more than you'd like, so screw them, save your money and invest your time and do your own research. Rather than "buy" (another check) the rights to someone's life story, make him a minor partner in the venture (with no creative control) in exchange for the rights ... Associate Producer was created for this purpose, I believe. Maybe he can help recruit the others for their story?

[robcg]

hi, thanks for your reply.

yes, this event was all over the media. newspapers, etc, back then. i know that if hit the local public library i will end up with tons of research.

if i can't get the rights to the book i will base the screenplay off my own research AND i will also get one of the characters to sell me his life story.

[ScriptNurse]

Was this true story published in any media at the time ... TV, radio, local newspapers? If so, you can always write a screenplay "based on a true story."

Regarding your first question ... you need a lawyer familiar with copyright law for this one. Start with his publisher to see if they know who has the film rights.

MY take (I could be wrong) would be that if you base your work on essentially the SAME sources as the book author, you are creating a new work based on the same public events. Look at how many Manson books there are. The authors of these books don't own the events. The copyright only applies to the rendering of the events as outlined a book. If you use a book and its interpretation of the events, you open yourself up to copyright infringement. If you use the same source material (public records, media stories, newspaper accounts, etc) just as the book authors did, you should be in the clear as you are creating an interpretation of the events just as they did, only 20 years later. Your best defense is to get a release for your screenplay or recorded interviews directly with the people involved.

Do not use the same name as a published book. Don't tell the story the same way the book does.

[robcg]

There is a non-fiction book written about a true life event that happened in 1976. The book came out in 1984 by a pretty well known book author. I have been in touch with this author to try to acquire the rights to the book but he no longer has the film rights. He sold them many years ago and I am in the process trying to figure out who exactly has these rights.

The true-life event involved 10 people. I have been in contact with one of the characters in the book and he is willing to do a documentary with me. It will involve interviews and b-roll of newspaper headlines of that time and other video as well.

He remembered signing a character waiver with the author, basically stating that everything he relayed to the author for his book was true. Maybe he signed something else but he doesn't remember. This was more than 20 years ago.

My question is this: Do you think I can freely pursue doing a documentary on this event on my own, without getting into any copyright issues with the author or the publisher? Of course I will do my own research, etc.

Second question: How about a screenplay? I know that if I can't acquire the film rights I will not be able to base my screenplay directly from the book but this is where my biggest confusion is coming from. Since this was a true life event there are only so many facts I can write about that are surely in the author's book.

It seems to me that I am freely able to write a screenplay based on the actual events and not get into trouble. I understand that if my screenplay has the same name as the author's book and everything unfolds exactly the same as in the book then it can be an issue. Is my thinking on this correct?

Any feedback would be greatly appreciated.

Thanks!

- robert