Re: public domain material

> I am working on a screenplay based on the life of a real person who
> died in 1922. There are several books about the person and several
> books the person wrote on his life, all of which are long out of
> print. The ones he wrote have never been reprinted.
>
> If I quote directly from his journals as dialogue in my film, does that
> infringe on copyright? Or is this material public domain?
>
> And in the biographies of the man where hearsay dialogue is quoted and I
> paraphrase it as dialogue in my script, does that infronge on copyright?
>
> How can I use real conversations without infringing on anyone's copyright?
>
> Thanks for your help.
>
> Jenny Arata
> <jenny[_at_]metrolight.com>

If you are basing your screenplay on a public domain book, you do not need permission from the original copyright owner. He no longer owns it. The public now owns it. i.e. public domain. As a new creator, you have a right to use it. The author of that book, in order to have a limited monopoly on that book for the copyright term, has now submitted the work to the public domain. I would make sure all the books are in the public domain through the Library of Congress, and ask for a certified search.

I assume the journals were published, under copyright, and also have fallen into the public domain. Then you can use these too.

I assume the real conversations are in published journals.

Would not this project be similar to the screenplay of Sense & Sensability by Jane Austin, or the variations of the film versions of Little Women, which were based on public domain books?

Still, you should consult an IP attorney. Find one who understands user rights, as many are only well versed in authors rights.

Larry Urbanski
Moviecraft, Inc.
<larryu[_at_]interaccess.com> Received on Sun Mar 24 1996 - 23:50:31 GMT