Take the 2-minute tour ×
Movies & TV Stack Exchange is a question and answer site for movie and tv enthusiasts. It's 100% free, no registration required.

If some one want to make remake of a Film say one of the Ingmar Bergman's film some regional language of India, what is the legal process he should follow if there is any? I understand one cannot copy or shot exactly isomorphicaly, he will have to change the dialogue in some places and scenes too, but overall philosophy and idea of the film will be the same. Am I making any sense? If not please ignore my question.

share|improve this question

closed as off topic by Donald.McLean, Origin, wallyk, Napoleon Wilson, Jash Jacob Jun 13 '13 at 2:37

Questions on Movies & TV Stack Exchange are expected to relate to movies or tv within the scope defined by the community. Consider editing the question or leaving comments for improvement if you believe the question can be reworded to fit within the scope. Read more about reopening questions here.If this question can be reworded to fit the rules in the help center, please edit the question.

1  
Not much info can be provided as a lot of this has to do with Copyright laws. –  TylerShads Jun 10 '13 at 13:17
    
there's no way to have a cannonical answer to this. it all depends on the origin of the film, where said remake is going to happen, and a whole lot of laws in between. –  DForck42 Jun 10 '13 at 13:41

1 Answer 1

up vote 5 down vote accepted

[The following discussion is based upon my understanding of U.S. copyright law. Relevant law in other jurisdictions may differ in important ways.]

A film based upon an existing film (or book or play or screenplay) is an example of a derivative work under copyright law. The right to create such a work is a subsidiary right, in this case called the film rights, and belongs to the copyright holder. Before producing such a film, the filmmakers must purchase the film rights from the copyright holder. In practice, producers usually first purchase an option on the film rights, paying a percentage of the cost of the film rights in order to retain the exclusive right to purchase them during a specified time period. Thus, if the production of the film is approved by those financing it, they will be guaranteed that no one else has purchased the film rights already.

The film rights that are sold by the copyright holder do not usually come with any restriction on how the original work is adapted into a film. In the particular case of a film based upon a previous film, the filmmakers are free to copy the original film as closely as they like; scene-for-scene or even word-for-word. There are many examples of such "shot for shot" remakes listed on TV Tropes.

share|improve this answer

Not the answer you're looking for? Browse other questions tagged or ask your own question.