Legal Question in Intellectual Property in Missouri

I want to adapt a book in the public domain into a screenplay. However, in the 1950's a movie was made based loosely on this book. I have not seen the film, but summaries indicate that a great deal of liberty was taken with the original text.

After some research, I have concluded that the book is indeed without copyright. The screenplay, however, is not. Will any adaptation I make be considered a "remake" of this movie, or will it stand on it's own, as an adaptation of an uncopyrighted work? (Again, I have never seen the movie or read the screenplay of the film version. I know that's not something you can prove, but I want to stress that my adaptation will in no way be influenced by it, but only come from the source material; however, there are bound to be similarities.)

Thank you for your help!


Asked on 8/18/10, 1:33 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Simple enough. Go ahead and just include the same disclaimer you put in your question, namely:

"This adaptation is strictly from the public domain book, not in any way from the 1950's movie, which I understand is copyrighted. I respect strictly copyrights. I have never seen the movie or read the screenplay of the film version, and this adaptation is in no way be influenced by it, but only comes from the source material."

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Answered on 8/29/10, 6:16 am


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