Legal Question in Intellectual Property in California

I want to film a copyrighted screenplay for the sake of perfecting my filmmaking skills. This would entail bringing on a cast and crew and renting equipment, etc. I don't plan on ever attempting to sell, monetize, or profit from it beyond the gained experience.

The script is a relatively well-known one, it was written about 50 years ago, and the country of origination is Sweden.

Is this legal, and if so, what should I do to protect myself?

Thank you.


Asked on 8/23/10, 12:23 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Although sales and profits do figure into the computation of damages for copyright infringement, profits and profit motive are not necessary elements of a successful complaint. The performance of a copyrighted play or script itself requires permission of the copyright holder, which is probably not going to be a major item of expense in the overall scheme of things, so my advice would be to obtain written permission based on a full, accurate disclosure of your plans.

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Answered on 8/28/10, 1:58 pm
Kevin B. Murphy Franchise Foundations, APC

The other other addition to the other attorney answer is this. You should research whether the copyright has expired. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/28/10, 4:36 pm


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