Q: How Do The WGA And The Academy Determine If A Screenplay Is "Original" or "Adapted"?
Adaptation?A: That’s a bit complicated for a quick answer.
But you’d think it would be easy, no?
I’ll start with what I think are the Academy rules, based on what the name of “Best Adapted Screenplay” used to be up until a few years ago. For a long time it was “Best Screenplay Based On Material Previously Produced Or Published”, and that pretty much says it all, right?
The Academy has an executive writers committee that meets to determine whether or not they feel a particular screenplay is an adapation. The WGA has far more rigid rules. It isn’t only concerned with prior publication or production. It is also concerned with unpublished and unproduced material of other natures that fall under the larger rubric of “source material”.
The WGA definition of an original screenplay is:
Original screenplays [are] those screenplays which are not based on source material and on which the first writer writes a screenplay without there being any other intervening literary material by another writer pertaining to the project. If a writer is furnished or uses research material, the screenplay is still considered an original screenplay.
Translation: no source material (discounting research material) and no other writer in between the start and completion of your draft. If that happens, it’s an original project.
Obviously, adaptations are therefore screenplays that are based, in any part, on source material. And what is source material?
…source material is material assigned to the writer which was previously published or exploited and upon which the writer’s work is to be based (e.g., a novel, a produced play or series of published articles), or any other material written outside of the Guild’s jurisdiction (e.g., literary material purchased from a non-professional writer). Illustrative examples of source material credits are: “From a Play by”, “From a Novel by”, “Based upon a Story by”, “From a series of articles by”, “Based upon a Screenplay by” or other appropriate wording indicating the form in which such source material is acquired. Research material is not considered source material.
Let’s go through that. First, there’s the obvious: published or exploited books, plays, essays, comics, etc. Interestingly, you can also include exploited story treatments by writers other than the first screenwriter. For instance, if John sells a treatment to a studio, and then George is hired to write the screenplay based on that treatment, the project is an adaptation because George has been given exploited literary material upon which to base his script.
Then, there’s the not-so-obvious. Let’s say John writes an original screenplay for a non-signatory company, i.e. a company whose dealings with writers isn’t covered by the WGA’s collective bargaining agreements, and then that company sells John’s script to a signatory studio like Disney. Disney then hires Sally to rewrite the script. If John had written that exact same script for a signatory, the project would be deemed an original. Since he wrote it for a non-sig, however, his script is considered source material, and John is not eligible for “story by” or “screenplay by” credit. The project is now considered an adaptation, with John’s screenplay functioning the way a book or play might.
That’s the one area where I imagine that the WGA and AMPAS might see things differently. From the WGA’s point of view, they must consider the non-sig script to be source material, because its ability to assign screenplay credit is entirely a function of its collective bargaining agreement, and the non-sig script doesn’t fall under that.
AMPAS, however, seems to be only concerned with what is, in actuality, an original or adaptation. In the example above, I think that the WGA would call John’s project an adapation, and AMPAS would call it an original.
This probably doesn’t come up too often.
The questioner specifically asked about Syriana, which AMPAS has apparently determined is an original rather than an adaptation. The WGA considers Syriana to be an adapation, because the screenplay was based (in some part) on a book. I believe the source material credit was “suggested by”, and that’s enough to make the script an adaptation. However, it appears the AMPAS writers committee felt that the script simply didn’t get enough of significance from the book, and thus they have deemed it an original screenplay.
Great answer. Did actually wonder exactly that question yesterday, when I thought about an adaptation I want to do.
But what if a screenplay is based on a person’s life? Is that an adaptation too?
RE: the not so obvious, would the non-sig author’s work be referred to in the credits as the source material?
The Big Trouble in Little China credits baffled me. I think they go:
Screenplay by Gary Goldman & David Z. Weinstein
Adaptation by W. D. Richter
How the heck did they get that?
Just checked the back of the DVD. Goldman and Weinstein got a “written by” credit, which confuses me even more.
Taz:
Writing a screenplay about someone’s life isn’t enough to move you from original to adaptation.
MaryAn:
Yes, a non-sig screenwriter would get a source material credit of “Based On A Screenplay By”.
Michael:
“Adaptation By” is a rarely seen credit that is sometimes given to a participating writer who doesn’t qualified for shared screenplay credit. In the case you cite above, it sounds like Goldman & Weinstein were a writing team that got full screenplay credit, but Richter also worked on the movie and got the “adaptation” nod…but that credit doesn’t make the movie an adaptation…so how’s that for confusing? :) IMDB doesn’t list the official WGA credits for the movie, so I’m not sure what they actually are.
Hey Craig,
What about Memento? I seem to remember it was based on an unpublished novel, but was nominated for original screenplay oscar.
Another Craig:
Actually, I believe Memento was based on a Short Story Idea by Chris Nolan’s brother Jonathan.
What about a movie based on a painting or a sculpture?
Would it not be based on an existing work (even if only visual)?
What about a movie based on a poem, lets say a haiku?
Obviously I’m taking things past the practical definition, but whenever you want to test something, you put it through the extremes. Right?
Memento’s short story was not published or exploited prior to the production of Memento, so it does not count as source material.
Painting? Sculpture? No. Not published or exploited literary material. Poem? Quite possibly.
Funny, I was literally JUST thinking about SYRIANA’s credit as an adaptation two minutes before sitting down to read this article.
I saw Steven Gaghan speak recently, and he said he only used one paragraph — a paraphrased one, at that — from Bob Baer’s SEE NO EVIL.
I was thinking how much it sucks to create such an original, labyrinthine story, only to have your originality diminshed because of one paragraph.
This just in from a friend. Apparently, at the end of Syriana, before the credits roll, the following appears on screen:
“While inspired by a non-fiction work, this motion picture and all of the character and events portrayed in it (except for incidental archival footage), are fictional.”
“Inspired by” is often enough to make the WGA move the project to “adapted by”, but the above statement clearly mirrors the view of the Academy in assigning the project as an original.
i don’t know why they did that either in terms of the credits, but richter’s contribution is likely that “big trouble” was originally intended to be a sequel for “buckaroo banzai” that never got made due to squabbling between richter and the ppl who owned the rights. the screenplay for “big trouble” is obviously so modified from that concept that they must not have been seen as doing a full adaptation; while richter certainly inspired elements (easy to see a parallel between lo pan in “big trouble” and hanoi xan in the “buckaroo banzai” universe, for instance) so they couldn’t throw his credit out altogether.
that is the longtime legend anyway.
Goldman & Weinstein’s screenplay was set in the 1890s. Richter changed the setting to modern day, and updated references (truck driver instead of a cowboy, etc). However, the arbiters determined he made no substantive changes to the story or screenplay — no new characters, no new changes in characterization, etc.
That’s why the credits read “Story & Screenplay by, Adapted by” as opposed to “Story by, Adapted by, Screenplay by” (Armageddon has an “adapted by” credit, in the latter order).
-
Here’s an interesting story about Syriana.
Apparently there’s been quite the firestorm over the Academy’s decision to put it into the “Original” category…
http://www.variety.com/VR1117936402.html
Here’s another funny little thing. I just saw a new preview for a film called, She’s the Man.
http://www.apple.com/trailers/dreamworks/shestheman/hd/
It’s about a girl posing as a guy who falls for another guy who thinks she’s really a girl. Sound familiar. The trailer looks exactly like the 1985 film, Just one of the Guys. But there was nothing about an adaptation in the She’s the Man credits.
Could it be because it’s actually an adaptation of Tweflth Night? And if it gets nominated for something (heh, heh, heh), will it be for an Adapted Screenplay?
Hey Craig, I wrote a teleplay based on a short film, but got full screen credit, while the original author of the short film got NADA and the director of the short film got a Producing credit, not having to produce. How odd. I still look forward to the day I write my own novel, then adapt it and refuse to acknowledge myself when I receive an award.
best, Phil. http://www.screenwriterbones.blogspot.com
Some additional information on the “adaptation v original” thing:
The definition of “original screenplay” that Craig cites comes from the WGA Credits Manual, which comes into play only in the event of an arbitration. The WGA Screen and Television Basic Agreement (ie, the MBA) neither uses the term “original screenplay” nor draws a distinction between the first writer to contribute literary material toward a motion picture and any subsequent writer.
As far as what the MBA does say on the matter of original v adaptation …
First, the MBA presumes that there are two separate types of written work that must be created for use in motion picture; - a story; and - a screenplay that is the dramatization of the story used as the basis for the motion picture
The MBA also specifies two types of written work that can be used to make a motion picture: literary material or source material.
Literary material refers to all written work that is created by writers in the employ of a Company, or which rights are purchased for use in a motion picture without being previously exploited by the author.
(There is a difference between exercising the rights in a written work and exploiting them. If you write and save a screenplay on a computer, then every time you print out a copy, or take a copy to Kinko’s to make more copies, or post it online for download, you are exercising the rights in the work. Exploiting the rights means getting paid for the exercise of one or more of those rights, or being paid by someone else for the license to exercise one or more of those rights).
Source material refers to all written work which rights have been previously exploited by the author, and which film rights (at the least) the Company has licensed for use in making a motion picture.
The nature of the story is the key to determining whether or not the screenplay is an original or an adaptation.
If a story dramatized in the motion picture qualifies as literary material (the story’s original exploitation is as the basis of the dramatization (screenplay) used in the motion picture), then a WGA signatory must give writing credit on screen in the form of “Story by.” A simple rule of thumb: if the movie includes the credit “Story by,” then the screenplay can be accurately described as an “Original Screenplay.”
If the story dramatized in the motion picture qualifies as source material: no screen writing credit for story is given (whether or not the movie includes the credit “Based on” or similar is the result of negotiations between the author of the source material and the Company. The MBA dictates the form and placement of such a credit, but it does not — actually, cannot — require such a credit be given*). So, rule of thumb II: if the screen writing credit is simply “Screenplay by,” then the screenplay can accurately described as an “Adapted Screenplay.”
You’d think that would cover it, huh? If there isn’t source material, it’s an Original Screenplay; if there is source material, then it’s an Adapted Screenplay, case closed. Except … not.
Here’s where it gets tricky:
It is possible for there to be source material, but for that source material not to be of a “story nature.”
Let’s say that a Company licenses the rights to The Tipping Point by Malcolm Gladwell, to make into a movie. There is not really material of a story nature per se in the book. So let’s say that the writer or writers hired by the Company create all the characters used in the movie; they also create all the story incidents used in the movie, although some story incidents may be inspired by examples included in the book; they also create the theme that acts as subtext of the motion picture. Even though they have been assigned Gladwell’s book as source material, they have nonetheless created a story for use in the motion picture.
It is also possible for the source material to be of a story nature, but for the story actually dramatized in the movie to be so substantially different from the story in the source material as to constitute an original story in its own right. Pirates of the Caribbean: The Curse of the Black Pearl is an appropriate example; although the ride has a story, and the ride story was assigned as source material, Jay Wolpert, Stuart Beattie, Terry Rossio and myself created a story — characters, incidents, theme, etc. — that was substantially different from that of the ride to constitute an original story in its own right.
In both of those examples, the story dramatized in the movie is created expressly for use in the movie, its original use is as the basis for the movie, and the screen writing credit for story is given in the form of “Screen story by.”
(There is no difference between “Story by” and “Screen Story by” in terms of the literary content created for and used in the movie, or in terms of rights attendant to each credit under the MBA. The only difference is a legal one — did the Company license in some form a previously-exploited written work and assign it to the writers on the project, or didn’t it? — and that difference is negligible when assessing the literary contribution of the writer or writers to the motion picture, once screen credit has been determined).
And here’s where it gets trickier:
“Screen story by” credit indicates the presence of source material, but it also indicates that the story was determined in accordance with WGA Credit policy to constitute an original story, distinct from any story that may or may not exist in the source material.
And additional bit of rococo: the MBA says that if the same writer or writers receive credit for both story and screenplay, then it is appropriate to give screen credit in the form of “Written by.” Both “Story by” and “Screen story by” are credit for story. The MBA makes no distinction between the two.
The WGA has, in the past, made a distinction in cases where credit has been arbitrated, reserving “Written by” for motion pictures where “Story by” is appropriate. However, that policy has not been consistently applied.
So now we come to Syriana.
There was source material: SEE NO EVIL, by Bob Baer.
The WGA’s final credit determination was “Written by Steve Gaghan.”
That means that Gaghan received credit for both story and screenplay in accordance with the WGA Screen and Television Basic Agreement, which further means that it is a matter of WGA policy that the story dramatized in Syriana constitutes an original story in its own right and has appeared in no form other than the motion picture.
By all accounting, Syrina should be placed in the Best Original Screenplay category, as was determined by the AMPAS Writers Committee.
I have no idea why the WGA Awards Nomination Committee ignored the WGA’s own credit determination and credit policies, and placed Syriana in the Best Adapted Screenplay category (actually, I do have an idea; this screw-up seems endemic of the fact that relatively few WGA members understand what writing credit is given for, what it means, or why it is given).
I would suggest that all organizations that give awards for screenwriting adopt the following guideline:
If the motion picture includes the credit “Story by,” “Screen story by” or “Written by,” the screenplay is placed in the “Original Screenplay” category.
If the motion picture includes only the credit “Screenplay by,” then it is placed in the “Adapted Screenplay” category.
If there is a question as to which category is appropriate, the determining factor should be the nature of the story dramatized used in the motion picture, and not the presence or absence of source material.
-
If one wants to write a script based, significantly but not completely, on published/exploited source material, does one need to seek permission first or what? How does one proceed? Specific example: If I listen to a song, write a script based on my interpretation of that song, do I need to contact the band or whoever has the rights and obtain their consent to develop my interpretation into a script that I can sell and aspire to get made?
Thanks for a great site.
Any ideas where or who to get the OK to update/adapt an old classic movie?
I have a question re this. I’m doing my own original story based on research from multiple sources, some of which include books. Often those books source each other as research material. My story does not follow the throughline per se of any particular book, but it’s about a guy’s life, so of course the chronology is there. None of the books, interestingly enough, tell the man’s story sequentially. So does that mean I can claim this as an original work? I use nothing as a fact that doesn’t come sourced to something outside of the books, and have of course invented nearly all the dialog, as little of any actual conversations were preserved.
I love the Syriana discussion. Having read the book on which it was based, I would agree with AMPAS’ logic, though of course I understand and respect our union’s approach to the exact same question. If I were the author of the book (the name of which escapes me, thoughj I think it has “evil” in the title), I would love to have my book acknowledged. That said, Gaghan crafted something wholly original. For one thing, his signature narrative style is all over it, not to mention that the link between the book and the movie is far from obvious. In fact, the only link I could find is the one that Gaghan told me about when he discused the matter in Written By (the Writer’s Guild mag). If Gaghan hadn’t courted a relationship with Baer, or cited Baer’s book as inspiration, I never would have noticed the link. I do research all the time, but the stories I write are my own. I research in order to fill in gaps in my own knowledge. I would love to hear more from Gaghan on why he chose to recognzie Baer.
My novel, Dead and Dying Angels, has been optioned for film. I inquired with WGA re: how I could go about getting writing credits and that’s the first time I heard the term ‘exploited property’. The producer is looking for a well-known screenwriter. My question now is, how do I go about getting screenplay credits…how much work/input is required to get full/partial WGA credits. Is it entirely up to the producer; or once a screenwriter has been hired can he/she determine who works on the screenplay? I’ve looked at WGA website (quite confusing) and read your answers here (quite clear)…thanks.
http://pantytease-com.sebgt.com >nick lachey whats left of me music video http://free-pornstar-pictures-info.sebgt.com >on line assistance http://www-gayporn-con.sebgt.com >video real estate investment course http://http-www-sex-toon-com.sebgt.com >cost of breast reduction http://videogamesext-resource-info.sebgt.com >gary allan wife died http://greengrasshopper-com.sebgt.com >rocky pics http://japan-sex-tk.sebgt.com >free free fre free free free free free free free free free free free free free free free fre free adult humor pictures http://sexanimations-com.sebgt.com >adult living community florida http://jeffsmobileglass-com.sebgt.com >bud light girls http://ladyspiritdesigns-com.sebgt.com >sexually transmitted desseases http://gay-dating-org.sebgt.com >online porn http://pornstarsusa-net.sebgt.com >virginia court cass http://excellerateassociates-com.sebgt.com >jo from real housewives of orange county http://freempeg4movies-com.sebgt.com >new movies on vhs http://wwwgirlfriend-com.sebgt.com >vegas showgirl picture
http://pantytease-com.sebgt.com >nick lachey whats left of me music video http://free-pornstar-pictures-info.sebgt.com >on line assistance http://www-gayporn-con.sebgt.com >video real estate investment course http://http-www-sex-toon-com.sebgt.com >cost of breast reduction http://videogamesext-resource-info.sebgt.com >gary allan wife died http://greengrasshopper-com.sebgt.com >rocky pics http://japan-sex-tk.sebgt.com >free free fre free free free free free free free free free free free free free free free fre free adult humor pictures http://sexanimations-com.sebgt.com >adult living community florida http://jeffsmobileglass-com.sebgt.com >bud light girls http://ladyspiritdesigns-com.sebgt.com >sexually transmitted desseases http://gay-dating-org.sebgt.com >online porn http://pornstarsusa-net.sebgt.com >virginia court cass http://excellerateassociates-com.sebgt.com >jo from real housewives of orange county http://freempeg4movies-com.sebgt.com >new movies on vhs http://wwwgirlfriend-com.sebgt.com >vegas showgirl picture
http://pantytease-com.sebgt.com >nick lachey whats left of me music video http://free-pornstar-pictures-info.sebgt.com >on line assistance http://www-gayporn-con.sebgt.com >video real estate investment course http://http-www-sex-toon-com.sebgt.com >cost of breast reduction http://videogamesext-resource-info.sebgt.com >gary allan wife died http://greengrasshopper-com.sebgt.com >rocky pics http://japan-sex-tk.sebgt.com >free free fre free free free free free free free free free free free free free free free fre free adult humor pictures http://sexanimations-com.sebgt.com >adult living community florida http://jeffsmobileglass-com.sebgt.com >bud light girls http://ladyspiritdesigns-com.sebgt.com >sexually transmitted desseases http://gay-dating-org.sebgt.com >online porn http://pornstarsusa-net.sebgt.com >virginia court cass http://excellerateassociates-com.sebgt.com >jo from real housewives of orange county http://freempeg4movies-com.sebgt.com >new movies on vhs http://wwwgirlfriend-com.sebgt.com >vegas showgirl picture