Here is a question I recently received from a student:
The question:
Given that I have very few industry connections, how would you recommend moving forward if I have a novel in mind that I’d like to adapt? Is it necessary to have a literary agent? Is it better to go through the publishers to find out the rights? What would help me get my foot in the door?
My answer:
Chances are, novels by major authors have already been snatched up by people with pockets much deeper than yours. However, older or lesser-known novels and nonfiction books by less famous authors may be available. And some very old novels even exist in the public domain, which means you can use them without opting out!
How to contact the Department of Subsidiary Rights
The way to start is by contacting the Subsidiary Rights Department of the publisher of the book or novel. You can usually find contact information for the Department of Ancillary Rights in the fine print at the bottom of the publisher’s website, or by calling the publisher directly.
Exploit your 90’s tech
Believe it or not, many Subsidiary Rights Departments still require contact by fax, so unless your publisher accepts email requests, go ahead and roll back the calendar to 1994, break out your old fax machine, and get ready to rock.
The fax (or email) you send must include the following:
Your name
Name of your company (if applicable)
Your adress
Your fax number
novel title
Author’s name
Editor
Publication date
ISBN number
A request to find out who controls the film rights to the novel
A blank space for them to write the contact information for that person or company
Make sure your return fax number is clearly printed on the form, so they know who to send it to!
Contact the rights holder
Once you have the name of the person, company, or agent that controls the rights to the movie, you can go ahead and contact them (usually by phone or email) for options on the novel or book.
What the hell is an option?
Essentially, an option is a legal agreement that gives you the right to buy or sell the film rights to a book or novel at an agreed-upon price. Most options last for one year and give you the option to extend for a second year for an additional fixed payment. Depending on the perceived value of the book or novel you’re buying, an option can cost a fortune or as little as a dollar.
The option is what gives you the right to SELL the script you write based on someone else’s book or novel.
It’s not your job to know the ins and outs of the options. When the time comes, you will hire an attorney to guide you through the option agreement. For now, just focus on contacting the rights holder, finding out if the movie rights are available, and asking if they’d be willing to work out a “free” (technically $1) or cheap option with you so you can adapt the book. or the novel in script form.
your release
If you’re like most writers, you probably don’t have a lot of money to spend on an option. If the novel has been sitting on the shelf for years, the rights holder may simply be delighted to hear that someone is interested. But you will most likely have to sell yourself a bit to convince the rights holder that it is in their best interest to put their project in your hands.
That means before you pick up the phone, you want to have a clear vision of the material and an exciting storyline for how you’d turn it into a marketable script, and maybe some ideas for big stars who could play the lead. once your script is finished, and how your version of the adaptation would be perfect for those actors.
Remember, you are adding real value to the project
Usually, if the film rights to a book or novel are still available, it means that the rights holder has already tried their best to sell the project as a film and failed. That means their script could give them a second chance to show someone how this story could really make a great movie and turn it from another project sitting in their archives into a compelling product that can make them a lot of money.
If you’re going to risk a year of your life writing that script for them without compensation up front, it’s reasonable to expect them to give you a one-year option and extension rights for a second year for a reasonable amount of money.
What if they want you to do an “audition”?
If the rights holder asks for a brief treatment or writing sample, it’s probably worth going ahead and submitting. But under no circumstances do you start writing a script until you legally control the choice over the material.
I can’t tell you how many writers I’ve known who have “auditioned” writing a script hoping the rights holder would like it, only for the rights holder to sell the book or novel, often. for reasons that have absolutely nothing to do with the quality of the script.
Why do you need a lawyer?
Remember that you only control the rights while you control the option, which means that once the option expires, you cannot sell your script without the author’s approval. That means you want a real entertainment lawyer to write your option agreement for you (even if you’re opting out of the story for a dollar).
Think about the time you are going to invest in this project. Do you really want to bet it all on an option deal you pulled off the Internet? You need an expert to protect your investment and make sure you can do something with it when it’s done.
Public domain books and novels
As you can see, when rights holders are involved, choosing a book or novel can be a challenging process for a young writer. However, if the book you’re interested in adapting was published in the United States before 1923, you most likely won’t have to go through ANY of this. Because that book is most likely in the public domain.
So if you’re interested in adaptation, one of the best places to start is with old books that you can use however you want without any option agreements.
Public domain rules can be complex, so be sure to check that the book is in the public domain before you start writing.
write your adaptation
Of course, choosing the book or novel, or discovering the public domain book you want to adapt is just the beginning. The process of making your adaptation is an art in itself.
Disclaimer: I’m a screenwriter and not a lawyer. While I hope this information is helpful to you, please note that no part of this article should be considered legal advice. For such advice please consult an entertainment attorney.