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Post by gerkinman on Oct 14, 2008 5:54:26 GMT 1
Just curious here, i thought before i go restarting up the Martian Saga next year that i do a little research as to what is actually still in the public domain, i know the story itself is, while the title is owned by numerous companies around the world, and i also know that Jeff Wayne also owns the term "ULLA". But what about things like the term "Aloo" and any other little things which may proove to be important to someone wanting to undertake such a task?
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Post by Scifishocks on Oct 14, 2008 7:53:50 GMT 1
This is all very tricky. You ask different people representing different incarnations and they all say different things.
Frankly, it's an overcomplicated mess.
Actually, I'm not sure that Jeff does 'own' the term ULLA. I know Jeff owns audio and merchandising rights for the original story and that Paramount own the movie and TV rights.
As for the book, it is in the public domain in all territories asides from the UK, where it is owned by the Wells Estate until 2017.
I'm releasing my own TWoTW sequel novel at the end of this month. To be on the safe side, I'm intending it for sale only in online stores or overseas for now. But I do have an enquiry in with the Estate's agents about publishing in the UK, too. What they say will depend on whether I can offer it for sale in the UK or not.
As it's a sequel, the grey area seems to be whether I will be infringing copyright in the UK, despite it being a whole original new work only inspired by the original novel and containing a few of the books characters.
We shall see.
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Post by gerkinman on Oct 14, 2008 8:08:23 GMT 1
So then an animated feature not using the title would still have to go through mr Wayne if it were to follow the book directly? CT: Sorry, I clicked "Modify" instead of "Quote" which is why it shows as being edited by me, lack of concentrate (and not being used to having Mod powers here  ) |
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Post by Commandingtripod on Oct 14, 2008 8:24:32 GMT 1
So then an animated feature not using the title would still have to go through mr Wayne if it were to follow the book directly? I think it would depends on things like if you're going to be making a profit out of it or not. If you're going to use some stuff from the Musical, then yes, you would have to run that by Mr Wayne, but if it just follows the book and is original then I don't think you would have to. You'd be best off waiting for an answer from Evilnerfherder, he has more of an idea than I do on it. Edit: Having taken a closer look at your name I must go "OMG it's you!" and say hello! ;D Your flash videos were quite amazing.  |
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Post by gerkinman on Oct 14, 2008 8:41:18 GMT 1
I was planning on it being a period piece and following the book very closely. The only real differences being the setting itself, not a different place, but the style of world, i was thinking more along the lines of "Steam Punk" for the Victorians and cyberpunk for the Martians. Course this is really only a visual thing to help separate it from all the other retelling out there. A stylization if you will, the same story, with a visual twist. As far as visual design and music, voice work and such goes it was all going to be 100% my own or music i personally paid for, most likely an 8bit soundtrack to go with the visual style.
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Post by Scifishocks on Oct 14, 2008 21:24:50 GMT 1
I think it would depend on what you want to do with it.
If it will be non-profit there shouldn't be a problem. But otherwise it might fall under the copyrights Paramount hold.
Having said all that there have been two TWoTW adaptions released without their permission that have had, as far as I'm aware, no comeback.
It's all pretty complicated!
Charles Keller of the H.G Wells Society knows even more about this than I do. I'll ask him if he'll come on here and give his views as he's a member here.
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Post by gerkinman on Oct 14, 2008 21:46:26 GMT 1
Thanks, id appreciate it, i was actually hoping on just releasing it on DVD and distributing it online, along with entering it in some film festivals and the like.
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Post by Charles on Oct 15, 2008 5:14:05 GMT 1
The HGW Society was given permission directly from the Wells estate's literary agents A.P. Watt www.apwatt.co.uk/ to reproduce their copyright guidelines, which may be found at: hgwellsusa.50megs.com/UK/hgwcopy.htmlWithin the United States, any book first published before 31 December 1922 is in the public domain. Works published after that remain in copyright for 95 years from first publication. In other words, anywhere Wells's novels are out of copyright they are fair game to reproduce however you like. You may even make and distribute a movie, as Pendragon and Asylum have shown with their DVDs and television broadcasts. I am not aware that it is possible to hold any sort of ownership of the word "Ulla". If so Jeff Wayne stands to profit mightily from the parents of the legions of Swedish, Danish, Norwegian and possibly German girls that are using that word as their name. Ahem. Within the United Kingdom and all other countries of the European Union, and also within Hungary, Iceland, Israel, Norway and Romania, the works of H.G. Wells remain in copyright until 31 December 2016. After that the rest of you are free to interpret any of it however you like, and I look forward to seeing what you come up with. My advice if you still have doubts about the legal status in your country is to simply inquire with A.P. Watt's HGW estate representative Linda Shaughnessy or the good people at Cassarotto Ltd. Why trust anyone else? |
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Post by gerkinman on Oct 15, 2008 5:30:15 GMT 1
Looks like all things are swell down under then, jolly good news indeed.
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Post by Lonesome Crow on Feb 28, 2009 23:50:51 GMT 1
I was lead to believe Jeff Wayne owned the copyrights to WotW. Back in 2005 I produced this picture and posted it on the eveofthewar.co.uk web site.  people started asking if they could possibly buy a copy of the print, so I had a word with Lee Gregory of eveofthewar.co.uk and said if he would advertise it on his site he could have a share in the profits, he agreed and we put it to the forum members and they all seemed pretty chuffed with the idea. So I found out about having a limited run made and set things in motion, then at about 1am on April 1st I got an email from Lee saying Jeff Wayne's lawyers had been in contact and told him to remove the image and not to attempt to sell anything related to WotW without their permission, or face the consequences. I thought this was the first April fools joke of the day, but no it wasn't, Lee even had to remove the title 'The Thunder Child' from the picture as this was also copyright. So were they telling us lies?  Could we have gone ahead with our plan? I only wanted enough money to cover the printing and posting expenses and Lee would have got a bit to help finance the site. |
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Post by gerkinman on Mar 9, 2009 2:11:59 GMT 1
I was lead to believe Jeff Wayne owned the copyrights to WotW. Back in 2005 I produced this picture and posted it on the eveofthewar.co.uk web site. people started asking if they could possibly buy a copy of the print, so I had a word with Lee Gregory of eveofthewar.co.uk and said if he would advertise it on his site he could have a share in the profits, he agreed and we put it to the forum members and they all seemed pretty chuffed with the idea. So I found out about having a limited run made and set things in motion, then at about 1am on April 1st I got an email from Lee saying Jeff Wayne's lawyers had been in contact and told him to remove the image and not to attempt to sell anything related to WotW without their permission, or face the consequences. I thought this was the first April fools joke of the day, but no it wasn't, Lee even had to remove the title 'The Thunder Child' from the picture as this was also copyright. So were they telling us lies? Could we have gone ahead with our plan? I only wanted enough money to cover the printing and posting expenses and Lee would have got a bit to help finance the site. Jeez, thats a little harsh, happened to me when i was running my "The Martian Saga" store back in the day aswell, was rather frustrating to say the least. |
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Post by MGMFilms on Mar 9, 2009 21:30:40 GMT 1
Am I glad I moved to the states, copyright on WotW is somewhat more lax than it is back home
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Post by Relyt on Mar 10, 2009 1:00:08 GMT 1
Probably because most people in the states have only heard of '05's movie.
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Post by MGMFilms on Mar 10, 2009 4:31:28 GMT 1
That in it self is a sad thing, especially when they'd rather look to Welles rather than Wells as the founder of modern day science fiction terror
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Post by Lonesome Crow on Mar 12, 2009 1:32:29 GMT 1
That in it self is a sad thing, especially when they'd rather look to Welles rather than Wells as the founder of modern day science fiction terror I know exactly what you mean, I downloaded a copy of Orson Welles' 1938 radio broadcast of WotW and the person who posted it had labeled it 'The original version of War of the Worlds' Capital punishment is too good for people like that. |
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Could we have gone ahead with our plan? I only wanted enough money to cover the printing and posting expenses and Lee would have got a bit to help finance the site.
