Authors are dreamers, so it’s only natural that most of them have big dreams for their books. One dream that many authors hold is that of seeing their book turned into a film, TV series, or other form of media. Watching the story that remained in your head for so long play out in front of your eyes is a rare privilege that many authors aspire to — but to achieve it one day, you need to understand your intellectual property rights. Film rights and other adaptation licenses are key in these kinds of negotiations, as is having the right legal support.
Understanding Copyright and Film Rights
When you write a novel, you hold the copyright to that story. That means that no one is able to, well, copy your book — or adapt it — without your say-so. You will need to register that copyright in order to defend it in court, but once done, you have the full say on how your book is copied and adapted.
Which is why, if a film studio decides to make a film based on your book, they have to come to you to option the film rights. The film rights give a film studio the right to create a film or TV show based on your book, but nothing else. They do not then own the copyright of your book, nor do they have control over any other types of adaptations: plays, podcasts, and so on. For these further adaptations, creators will need to obtain other licenses from you.
In self-publishing and most traditional publishing scenarios, the film makers will have to buy the film rights from you directly. However, in rare cases, traditional publishers may include a clause in their contract which dictates that they own the film rights to your book. If this is the case, not only will you have no say in what studios option the film rights but you will not earn anything from the movie or TV adaptation rights. Understandably, this is not an ideal contract for most authors which is why it’s important to have a literary agent and an intellectual property attorney look over the contract before you sign anything.
How Much Say Do Authors Get In Film Adaptations?
One question that authors frequently ask when thinking about film adaptations of their novels is how much say they’ll retain over the film adaptation. We’ve all seen film adaptations that utterly missed the point of the novel and turned it into something it wasn’t. However, the control you’ll have over the film varies — and often, it’s not very much.
While the book might belong to you, once the film rights are sold, the film belongs to the filmmakers. Occasionally, authors might be brought on as consultants. In a few rare instances, the author has even served as the screenwriter for the film. But it’s important to know that these circumstances are not the norm for film adaptations.
Authors have voiced their dissatisfaction with film adaptations in the past when filmmakers made choices they had no control over and disliked. One notable example was Rick Riordan’s disdain for the 20th Century Fox film series based on his middle grade fantasy books, Percy Jackson & the Olympians. Riordan, a schoolteacher, told other teachers not to show students those films and in 2018 released multiple emails he had sent to the filmmakers, expressing concern over the choices that were made. But ultimately, the film belonged to Fox and Riordan had no influence.
If the film adaptation being true to your book is important to you, it’s key to only option the film rights to filmmakers that you trust. You should also have your IP attorneys at Garcia-Zamor draft a contract for you to outline any necessary stipulations. For instance, if your book was written with a diverse cast of characters and you worry about that being erased in the films, make sure that’s specified in the contract. Additionally, selling film rights does not guarantee that the film will ever actually be made. In these cases, it may help to include a period of time after which the rights might revert back to you.
The more stipulations are included in the contract, the more hesitant film studios might be to buy the rights. You will have to figure out what’s important to you, whether it be the money and financial security that you would earn from the film rights or having the film adaptation of your dreams.
If you’re considering selling the film rights to your book — or simply want to be prepared for any adaptations — Garcia-Zamor can champion for you and make sure your IP rights stay protected. Contact us today to learn more.
