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Question About Obtaining Adaptation Rights...

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#1

Question About Obtaining Adaptation Rights...

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

#2

re: Question About Obtaining Adaptation Rights...

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).
http://www.broadwayworld.com/board/readmessage.cfm?thread=972787#3631451 http://www.broadwayworld.com/board/readmessage.cfm?thread=963561#3533883 http://www.broadwayworld.com/board/readmessage.cfm?thread=955158#3440952 http://www.broadwayworld.com/board/readmessage.cfm?thread=954269#3427915 http://www.broadwayworld.com/board/readmessage.cfm?thread=955012#3441622 http://www.broadwayworld.com/board/readmessage.cfm?thread=954344#3428699
#4

re: Question About Obtaining Adaptation Rights...

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.

Notes from the Earlham Street Gutter
#6

re: Question About Obtaining Adaptation Rights...

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.


#7

re: Question About Obtaining Adaptation Rights...


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

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