A good story is always a great source of inspiration for film. However, you can’t just take the content of a story and turn it into a film, even if you’ve changed character names or modified some plot details. The line between creativity and copyright infringement is sometimes very thin. This article from VCD will help you clarify whether permission is required when adapting a story into a film and the consequences of skipping this important step.
What is adapting a story into a film?
Adapting a story into a film is the process of exploiting the content of a literary work (short story, novel, serialized story, newspaper story, story published on digital platforms, etc.) to create a script and produce a film, television series, or web series in audiovisual format.
During this process, the producer may retain or adjust certain elements such as plot, character development, setting, pacing, dialogue, etc., to suit the cinematic language. However, the core foundation remains based on the original work. Legally, this is no longer a matter of “borrowing ideas for reference,” but rather the direct use of creative material from a literary work to create a new work.
According to Clause 8, Article 4 of the 2022 Intellectual Property Law, “A derivative work is a work created on the basis of one or more existing works through translation from one language to another, adaptation, compilation, annotation, selection, modification, musical adaptation, and other adaptations.”
In this context, “adaptation” is clearly stated as one of the forms of creating a derivative work. Thus, when a story is adapted into a film, that film is legally defined as a derivative work of the original literary work.
This means that the film is not a completely independent work but depends on the rights to exploit the original story.
Is permission required to adapt a story into a film?
Legally, adapting a story into a film is defined as creating a derivative work from the original literary work. Meanwhile, the right to create a derivative work belongs to the exclusive property of the author or copyright owner.
Based on point a, clause 1, Article 20 of the 2022 Intellectual Property Law:
“1. Property rights include:
a) Creating derivative works;”
This means that any individual or organization wishing to use the content of a story to create a script and produce a film must obtain the consent of the copyright owner before doing so.
This consent cannot be a verbal agreement, but must be expressed in a written contract such as: a rights transfer contract or a copyright usage contract. This is the legal basis proving the adaptation is legitimate, especially important when the film is commercially exploited and widely released.
According to Article 28 of the 2022 Intellectual Property Law, creating a derivative work without the permission of the copyright owner is considered copyright infringement. Therefore, even if character names are changed, plot details are added or removed, or new content is created, if the film is still based on the storyline, character system, setting, and main ideas of the original story, it is still considered an adaptation and requires permission.
In short, adapting a story into a film is not only an artistic creative activity but also an activity of exploiting the author’s property rights. Therefore, obtaining permission from the copyright owner is a mandatory requirement before proceeding with the adaptation.
Penalties for adapting a story into a film without permission
Adapting a story into a film without the author’s or copyright owner’s consent is not only a violation of professional ethics but also constitutes copyright infringement under the Intellectual Property Law.
As analyzed, adaptation is the creation of a derivative work. Meanwhile, point a, clause 1, Article 20 of the 2022 Intellectual Property Law, affirms that the right to create a derivative work is the exclusive property right of the copyright owner. Therefore, any unauthorized use of a story to create a film without permission is considered a violation of the law.
This act can be dealt with in three ways: administrative, civil, and criminal.
Administrative penalties
According to Decree 17/2023/ND-CP, the penalty for creating derivative works illegally can reach 35-50 million VND.
In addition, the following may be imposed: Removal and recall of the film; destruction of infringing copies; and compensation for damages to the author/owner.
Civil compensation
The owner has the right to claim compensation for:
- Material damages (lost revenue, profits)
- Emotional damages
- Lawyer fees, dispute resolution costs
Criminal liability
If the infringing act causes significant damage or high illicit gains, the violator may be prosecuted under the Criminal Code.
The above is an article titled “Is Permission Required When Adapting a Story into a Film?”. As you can see, adaptation is not simply an artistic creation but also an act of exploiting the exclusive intellectual property rights of the author/copyright owner. Therefore, obtaining written permission before undertaking an adaptation is a mandatory requirement according to the law.
Sincerely,
According to Clause 8, Article 4 of the Intellectual Property Law, adaptation is one of the forms of creating derivative works. Therefore, using the content of a story to create a film is legally defined as creating a derivative work from the original work.
The law does not base its decision on how many details are changed, but rather on whether the film uses the plot, character system, setting, and main ideas of the original work. If the creative imprint of the original story is still recognizable, then it is still considered an adaptation and permission from the copyright owner is required.