Legal Question in Entertainment Law in California
An Idea Based on an Existing Work
I am wondering how intellectual property works in regards to an existing property. Can I protect my
idea even though it's a reworking of an existing film? I want to pitch to the copyright holders. Is there a way to get credit or are they legally able to take my idea and run?
2 Answers from Attorneys
Re: An Idea Based on an Existing Work
It depends on who owns the initial copyright, the type of use, etc.
For more information, and a free consultation please refer to www.seannovicklaw.com.
Re: An Idea Based on an Existing Work
You asked about subsidiary rights to an existing work of original authorship.
Copyright is a large beast and can't be answered in a forum such as this. The general principle is that a copyright owner has exclusive right to produce any subsidiary works. In other words, you probably can't get protection for your work after the fact and if it's just an idea then you could easily lose rights to the idea.
This is not an insurmountable problem but must be handled in a sensitive manner. If this is truly a good idea then you should be able to get backing to make a proper presentation to the rights holders. You will need an attorney to do this unless you are an experienced entertainment negotiator.
Regards,
Rogerg
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