Fair Use rules as it relates to producing plays and films.

[Glenn_Towery]

I am a producer who has found a play that I would like to produce and then turn into a film. The playwright was deceased in 2002. His play was in an anthology published in 1971 and re-published in 1986, but I could not find any copyright registration for the author at the Library Of Congress.

I have tried in vain to locate any heirs that might be in charge of the authors estate and so have others who have searched for him to secure rights for his literary works. One person searched for 2 years with no results. I was told by a producer friend of note that if I cannot find the author or any of his heirs I can utilize the project and produce it under rule of "Fair Use". He said that I would have to set aside 10% of the production budget into an account for any heirs that might show up for a claim and that by doing so I could not be sued as long as I show Due Diligence in trying to discover the heirs of the writer. Can anyone out there shed light on the validity of the producers statement? I look forward to your knowledgeable comments.

 

[army judge]

Generally, you were given some good advice.

What have you done internationally to determine copyrights on this play?

But, beyond putting aside the 10% you must maintain documentation on what you did to locate the author or the heirs.

Have you considered what you will do if you don't make a profit?

Lawprofessor is well versed in copyright law, and he'll add additional insight.


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