Question About Obtaining Adaptation Rights...

[fiyero8132]

Posted: 7/13/08 at 4:38pm

As an aspiring composer, I am wondering if anyone could tell me how to conduct a search to see whether or not a literary work is in the public domain?

Any information would be much appreciated.
Updated On: 7/13/08 at 04:38 PM

[allofmylife]

Posted: 7/13/08 at 5:16pm

it basically depends on when the creators (all of them ) died, plus a varying number - now about 70 - years.

Google the subject. There are all sorts of sites.

Also please not that extensions can be granted for a number of reasons, so be very careful.

Universal had no rights to "Frankenstein" yet the successfully scared away many adapters with threats of a lawsuit (they came after me for trying to pitch a "Mummy" movie six years before they did the Brendan Fraser versions).

[Timmer]

Posted: 7/13/08 at 5:30pm

As allofmylife points out, there are all sorts of variations and premutations, but in general, the older, the better.

[Weez]

Posted: 7/13/08 at 5:40pm

Probably the easiest way would be to pick up your book, note the name of the publisher, and give them a phone call. I'm not sure who you'd ask to speak to once you're through to the publisher, but whoever answers the phone will certainly have a better idea. As you're looking at public domain, you will most certainly be dealing with publishers and maybe estates; if it were modern work, you'd want the author and/or their agent.

[jrb_actor]

Posted: 7/13/08 at 5:43pm

Remember that some plays and books may be public domain now--but the translation in your hand may not be.

[tourboi]

Posted: 7/13/08 at 9:09pm

Depends on what you're trying to adapt. If it's a novel, the publisher, if it's a movie, the studio. I'm developing a musical based on a play (actually, I'm looking for a composer now lol). I got adaptation rights simply by writing the author, and setting up a meeting to discuss what I wanted to do.

[Eagleman]

Posted: 7/13/08 at 9:39pm

Title 17, Chapter 3 of the U.S. Code, (Duration of Copyright) details the current law.
It'd not particularly difficult "legalese":

The biggest problem if a work is not in the public domain is frequently receiving permission from the individual holding the rights. Sometimes the up-front money
is prohibitive and at other times permission is not given for many reasons. It took
the Steppenwolfe Theater Company a long, long time to convince Steinbeck's widow that "The Grapes of Wrath" should be adapted and that group had a lot of money and clout.

It's a shame. There are so many wonderful works crying out for theatrical adaptations but they'll never see the light of day. But here is the law:

www.law.cornell.edu/uscode/17/usc_sup_01_17_10_3.html