Resource materials vs. adapting

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What is the name of your state? Wisconsin

I had been given verbal permission to freely use a non-copyrighted stage play script as resource material to turn a stage play into a screenplay. The materials were used as a resource; I made up new characters and a new setting, but the premise is based on the stage play.

I want to put that verbal agreement into writing; mainly for the sake of any producer who would need to know that it is my work and I indeed have the right to sell the screenplay. So I'm asking if I would have to go through a formal adaptation agreement, or would a simple letter of permission from the source of the resource materials be enough? I do want to make sure the source of the resource materials gets a "Based on" credit (even though they have not asked for any credit) because that's just the right thing to do.

So would a permission letter be enough?

[quincy]

The stage play script is automatically copyrighted by its author just by virtue of its being completed. What you probably mean by "non-copyrighted" is non-registered copyright. The author owns the copyright unless she/he agrees to transfer some or all of the rights of the script to you - either by license or assignment. You should have a written agreement drawn up showing this transfer of rights. Verbal agreements can be tricky.

More information about copyrights can be obtained at [url]www.copyright.gov[/url] or by calling the U.S. Copyright Office at 202-707-9100.

[qtscribe]

I really appreciate your reply...Thank you. You are correct...I meant non-registered copyright. What does "either by license or assignment" mean?

The copyright office says they have no form for transferring a copyright (in my case, even if they did have a form, it may not have helped anyway since the stage play isn't registered) but is there a template or example of wording somewhere that the transfer of rights should state?

[quincy]

There are copyright licensing and assignment forms available online or you can probably locate ones you can copy in a library. An "assignment" is like a sale of property, where all rights in the work are sold. After an assignment, you would "own" the stage play. A "license" is an agreement whereby the original copyright holder retains some rights and only "gives" away some.

You can work your stage play several ways. The author can copyright the play and then transfer rights to you (by license or assignment), or she can assign all rights to you before registering the copyright and you become the copyright owner. A transfer is not valid unless it is in writing and is signed by the copyright owner.

The copyright form you would be using is called a PA. In Space 2 of the PA form, you write the author or authors - there are directions on the form as to what to write. If you have been assigned all rights to the work, you can, in space 4, write a brief statement of how you obtained ownership (by written contract, transfer of all rights by author, assignment, by will). Space 6 allows you to write whether it is a "derivative work", or one adapted from another work.

A document that transfers copyright may be recorded in the Copyright Office, but it is not required to make a valid transfer. It does provide certain legal advantages, however.