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Author Topic: Do I need an NOC from the Publisher to make a Film on a published story?  (Read 1921 times)

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Offline MerryDe

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Dear friends, I'm a Producer Director and want to make a film based on a published story. I've signed an Agreement with the original Writer to re-write the story (same plot but wrote in a different way in different language with a different title) which is a work made for hire as per our Agreement. There is no Agreement signed between the Writer and the Publisher. My question is:
1. Do I need to get an NOC from the Publisher to get the story copyrighted for the purpose of making it into a
    Cinematographic Film?
2. Will it be considered as an adaptation of that published work even if the Writer himself re-writes the story for me? Am
    I still liable to the Publisher?

Hoping for an immediate reply...thanking you in advance.

Offline advkartik

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You need an noc from the publisher as well.

since you are adding your inputs to the existing creative work.
you should copyright the recreated book in your name.

for converting it into a,film which is a different medium, you need a license from the author.

Offline MerryDe

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Dear Mr. Kartik, thank you so much for your reply. I understood mostly, but the only itch is that, I'm making the film on the story having the same plot (a plot doesn't have the copyright protection as per my knowledge)and there is an absence of agreement between the writer and the publisher. If the writer himself, who has transferred me the copyright through the Agreement he signed with me (and I'm the sole owner of the story), re-writes the story, will it be considered as an infringement of copyright which the publisher owns by default?

Offline advkartik

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No the writer holds the copyright hence he can give you the right to produce it in another medium that is in the form of flim.

the publisher has the right in print medium.

hence he cannot claim the creative work in another medium.

had you printed it in book form than the publisher would have a case, not here.

Offline MerryDe

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Thank you so much Mr. Kartik for your help. It's a great relief indeed  :)
Warm regards..

Offline Robinrusewell

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Re: Do I need an NOC from the Publisher to make a Film on a published story?
« Reply #5 on: October 26, 2015, 11:38:39 AM »
You need NOC from the publisher to make a film on a published story. If you want to publish the film in another medium then you can publish. If you need lawyer help then contact "Intellect Goodwill".

Offline manishsqrt

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Re: Do I need an NOC from the Publisher to make a Film on a published story?
« Reply #6 on: November 11, 2015, 02:14:43 AM »
Of cource you need NOC, because that publisher already holds copyleft from the author. But you must look into the details of the rights reserved to the publisher. Many times copyleft(as it is called) is based on some specifically tailored terms. It may be possible that the publisher holds the right to publish but not under any other publisher name other then one mentioned in contract.

 

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