Festivals and copyright of story source?

[Arislan]

I recently read a very nice sci-fi story by a now deceased author that would make a great Super 8 short film (30 minutes long) with special effects kinda like the ones in Jet Benny. I was thinking of adapting the story into a screenplay and shooting it even if I don't have the permission of the author's estate, mostly as a personal project and to put in my demo reel. If I do this I realise I can't sell copies of my film or get distribution due to the copyright issue, but would I still be able to enter it in festivals?

I actually don't know if the big fests like Sundance accept super 8 submissions, but overall, would I be able to submit the finished film?

[teadub]

As was said on the other board, "no". However, you can try for "festival rights". Rights sold to filmmakers at a reduced rate, for festival distribution only. Sometimes with the understanding that if the project goes into general distribution and further agreement will be struck. I would go with the previous advice, if you cannot secure rights, then create your own story "inspired by" the story in question.

[wahiba]

Do what the professionals do. Rip off Shakespear!

70 years after the death of the author is now the time one has to wait.

Forbidden Planet (Robby the Robot) was based on the Tempest, and there have been others.

[aj]

Or do as Disney does

Mirror old fairy tales or sagas (from abroad) . These stories have been polished for years and exposed to millions of listeners. So these are completely tuned to human reception and will likely land well again. If properly told

[Arislan]

Hi, all. I'm not interested in looking for a story, I want THAT story and apparently I can't legally have it because the late author's daughters renewed the copyright in 1991. It was originally published in 1963. Anyway...the festivals won't screen it if I don't have the permission, and I'll likely not get the permission from the daughters.The author got too big after he died and the daughters have lawyers dealing with everything.

I think Pierre Melville's "Silence de la mer" was filmed without permission and eventually got distributed. Also, "Noi Vivvi" was based on Ayn Rand's "We The Living" and made entirely without permission in Italy.

Do ALL festivals care if the story is copyrighted? What about international festivals?

[Arislan]

This is in the entry form for the Austin Film Festival:

I/We warrant the submission of my/our original work and there are no disputes
regarding the ownership of the submission. I/We also warrant the submitted
material does not defame or invade the rights of any person living or dead and I/we
fully indemnify the Festival against any claim made for such violations of law.
To the best of my/our knowledge, all of the statements herein are true and correct.
I/We understand that failure to adhere to the Festival rules will result in
disqualification and forfeiture of entry fee.
I/We agree to hold the Austin Film Festival harmless from and defend them against
all claims, demands, losses, damages, judgments, liabilities, and expenses
(including attorney’s fees) arising out of or in connection with any and all claims of
third parties, whether or not groundless, based on any film submitted to the
Festival.

Hmmm....I guess they might inquire as to whether or not I have permission.

[woods01]

All festivals care about copyrights but they don't enforce them. The festivals I've applied to had me sign a waiver like that to cover their own ass. But upon acceptance none of them have ever asked to see any of my support documentation as proof of ownership.

If you're interested in adapting this story in the Jet Benny style you could get away with it by making changes to the character names and the title and claim its a parody of the original work.

[MovieStuff]

Anyway...the festivals won't screen it if I don't have the permission, and I'll likely not get the permission from the daughters.The author got too big after he died and the daughters have lawyers dealing with everything.

Just make your film, then show it to the daughters and ask for permission after the fact. It is always easier to say "no" to something that seems risky without knowing what it will be like. But once they see the film, my guess is they won't mind if you are just showing it as an art piece. Also, it would be great if they then endorsed the film, which no one will do without seeing it first. But you could invite them to the festival, maybe even pay for their tickets and travel. So go ahead and make it.

Roger

[CHAS]

All festivals care about copyrights but they don't enforce them.

I think that's true with about 90% of the fests. Maybe some of the REAL BIG ones will request permission of some sort but most could care less. If you haven't done so already, sign up for a free account with Without a Box and you can look into the thousands of festivals out there. There are so many right now that if your film is good enough, you could just play the festival circuit for a few years alone.

And then do what Roger suggests and ask the daughters for permission! It's harder to say "no" to a success than an unknown variable.