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Copyright: what legal issues govern source material for scripts?
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I am planning a stage play which is based largely on a non-fiction book describing true events. I could in theory simply write about these real events, but the truth is my script will, as currently planned, rely fairly heavily on the book. I will still have to do some research of my own, i.e. that is not covered in the book. My initial thoughts are to send the book author a draft to request their approval before attempting to send it to producers. However, legally what should I be doing? I do want to be as upfront as possible about my script being drawn largely from the book and therefore afford the author all due credit.
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For more on marking an answer as the "Best Answer", please visit our FAQ.Quote (from the website of the Intellectual Property Office):
"Copyright works are protected across most mediums - so if they're protected in one, they're probably protected in others. It may then be copyright infringement if you create a painting from someone else's photograph or make a sound recording of someone else's book without their permission."
You'll need to obtain a licence from the copyright holder. Click 'Other people's copyright works' from that link.
Chris
"Copyright works are protected across most mediums - so if they're protected in one, they're probably protected in others. It may then be copyright infringement if you create a painting from someone else's photograph or make a sound recording of someone else's book without their permission."
You'll need to obtain a licence from the copyright holder. Click 'Other people's copyright works' from that link.
Chris
Well, it might help if I'd remembered to post the link!
http://www.ipo.gov.uk/copy.htm
http://www.ipo.gov.uk/copy.htm
One can never say for sure whether copyright infringement will arise- case facts are so varied, the courts work on a case by case basis.
There cannot be any copyright in facts. If it describes a true event, the facts of that event are freely re-writeable. However, the opinions stated or the descriptions would (likely) be copyright protected.
If you create a literary work (a stage play SCRIPT) that relies on another work and you openly admit this, you will probably require the licence that Buenchico explains. Note that a play (the physical acting) is a dramatic work and separate from the script.
If you're relying on a book of facts the best thing you can do is to use the facts yourself, thereby avoiding these pitfalls. If you've any other questions please ask!
Oh, and Buenchico- it is actually unlikely (in light of case decisions) that a painting of a photo would be an infringement. Also, photos of paintings are equally a grey area. The courts don't quite know what to about photographs (and photocopies) because of the lack of any real 'skill, labour or effort'. Of course, there are those who say that photos require such knowledge of angles and lighting- exampled by Robert Doisneau I believe.
Walter v Lane is a good place to start for infringement...
There cannot be any copyright in facts. If it describes a true event, the facts of that event are freely re-writeable. However, the opinions stated or the descriptions would (likely) be copyright protected.
If you create a literary work (a stage play SCRIPT) that relies on another work and you openly admit this, you will probably require the licence that Buenchico explains. Note that a play (the physical acting) is a dramatic work and separate from the script.
If you're relying on a book of facts the best thing you can do is to use the facts yourself, thereby avoiding these pitfalls. If you've any other questions please ask!
Oh, and Buenchico- it is actually unlikely (in light of case decisions) that a painting of a photo would be an infringement. Also, photos of paintings are equally a grey area. The courts don't quite know what to about photographs (and photocopies) because of the lack of any real 'skill, labour or effort'. Of course, there are those who say that photos require such knowledge of angles and lighting- exampled by Robert Doisneau I believe.
Walter v Lane is a good place to start for infringement...
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