Legal Question in Entertainment Law in California
Film Script based on elements of a book?
I am currently writing a script which was initially based on completely original material, but now I find that it is more and more incorporating elements from the non-fiction novel ''Kitchen Confidential'' by Anthony Bourdain.
In particular, it uses character names derived from the book (although the characters themselves are nothing like their literary counterparts) and a few plot points are based on anecdotes from the book.
I am planning to finish it to submit to a film festival and part of the guidelines in the film festival is that ''NEITHER THE JUDGING SUBMISSION, ANY ELEMENT OF THE JUDGING SUBMISSION, NOR THE EXHIBITION OF THE JUDGING SUBMISSION BY THE SPONSOR WILL INFRINGE UPON OR VIOLATE THE COPYRIGHT, TRADEMARK, SERVICE MARK, TRADE NAME, PATENT, LITERARY, INTELLECTUAL, ARTISTIC OR DRAMATIC RIGHT, RIGHT OF PRIVACY, CONTRACT RIGHT, OR CIVIL RIGHT OF ANY PERSON OR ENTITY;''
Would I be in violation of copyright law or not?
1 Answer from Attorneys
Re: Film Script based on elements of a book?
Yes, I think based on what you say, by taking character names and plot points, you risk violating the festival rules.
While it may not be copyright infringement (though it may), you're using REAL PEOPLE's names, and REAL EVENTS from this non-fiction book... so you'd need releases from those people... otherwise you'd be violating rights of privacy and publicity.
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