Copyright Query

niallon

Hi all
So we all know the deal with copyright on music etc. but I have a rather unique copyright question. Could anyone tell me what the case would be regarding a movie screenplay based on a song i.e a film that follows the same story as laid out in a recorded song? Is there any issue seeing as how it is being adapted for another medium? Or would it simply be a case of a plagerism accusation from the songwriter?

Many Thanks
Niall

crosbie

niallon wrote: »

Hi all
So we all know the deal with copyright on music etc. but I have a rather unique copyright question. Could anyone tell me what the case would be regarding a movie screenplay based on a song i.e a film that follows the same story as laid out in a recorded song? Is there any issue seeing as how it is being adapted for another medium? Or would it simply be a case of a plagerism accusation from the songwriter?

Many Thanks
Niall

Hi Niall,
the main copyright which subsists in a song would be in the lyrics, as a literary copyright and the musical score, as a musical copyright. There is no copyright in the vocal performance. As for basing a screen play on the song - to be honest we would need more detail. In general, 'stock/generic' themes are not capable of copyright protection, so you would be free to use these (wrt literary copyright). Developed plots, characters etc. would be protected as literary copyright and any unauthorized taking would amount to an infringement. As with all copyright actions you may have some defenses. Are you making the movie to exploit commercially?? Research & private study and parody would be your best defenses.
Also if the 'new' work is sufficiently transformative it may be capable of being copyright protected in itself and therefore will not infringe the copyright in the song. This would need to be an original work merely deriving form the song and not unduely taking. Bear in mind that even where a copyright infringement action will not succeed, you may be liable under the tort of passing off for unduely trading on another's reputation.

niallon

Thanks very much for the reply.

Basically the plot of the film follows the same story that is told in the song but there is no character names and the title of the film is not the same as the song. Essentially the events that occour in the movie are the same as those described in the lyrics of the song.

As regards purpose, we make our films with the intent of distributing them around to film festivals and the like but we do not principally seek profit, just exposure.

Thanks again
Niall

Pines

crosbie wrote: »

As with all copyright actions you may have some defenses. Are you making the movie to exploit commercially?? Research & private study and parody would be your best defenses.

Parody is not a defense under Irish law. The US is very tolerant of parody, but the UK courts have stated that this is not a defense under UK law (the same provisions apply in Ireland).

The defense based on research and private study is very limited in scope - if you are doing research and private study, it might apply, but the OP is not.

There is no blanket "non commercial" or "not principally for profit" exemption, so IMHO it simply boils down to the facts, as crosbie has summarised pretty succinctly at the start of his post, i.e.:

crosbie wrote: »

In general, 'stock/generic' themes are not capable of copyright protection, so you would be free to use these (wrt literary copyright). Developed plots, characters etc. would be protected as literary copyright and any unauthorized taking would amount to an infringement.