Source Material Permission Question

[dbergan]

What is the name of your state (only U.S. law)? Arizona

I am interested in doing an indie film about legends of lost mines and buried treasure in the Southwest US. I have a book that outlines many of these legends and I am interested in using this as a source. I am not going to copy the stories verbatim, one main reason they are not written in a way that would present well as narration in a film, but I would like to use them as the source so I can script the legends so a narrator and animations can present them for the film. These legends are not original stories by the author, but compiled from other sources, including newspapers, books and word of mouth. So in this case, am I legally required to secure permission from the publisher? I am planning on being courteous and letting them know what I am doing and crediting it as a source, but I was wondering if there was a legal obligation to securing rights before I contact them.

Thanks,
Dave

[quincy]

The legends, themselves, are not copyrightable. What is copyrighted is the expression of these legends by the author and his selection, collection and assembling of the legends into his work.

Your obligation to the author and publisher of the book is to not use the parts of the book that are copyrighted without express authorization to do so from the author and publisher, and to create your own compilation of legends (which can include those from the book, but should probably not be limited to or exclusively those from the book).

You should consult with an IP attorney and go over all aspects of your film, especially those that may infringe on the book's copyright. It is vital to your film's economic health that proper permission is secured from the author and publisher for any copyrighted parts of the book that you may wish to use.

Good luck with your film. It sounds like an interesting project!