Does releasing an album that retells the story of a novel require permission from the author/estate?

July 20, 2005 8:14 AM

I've written an album based on the book A Maze of Death by Philip K. Dick. That is to say that it retells the story of the novel in pop song form. It's not a musical because there's only one vocalist and there's no "book". But it's like a musical insofar as it basically follows the plot, uses the character names, has key phrases worked into the lyrics, and I'm calling it "A Maze of Death". So, is that enough of an adaptation to be considered copyright infringement if I don't get permission?
posted by ddf to Media & Arts (10 answers total)

Somebody a very similar question about 20 posts down on the front page which may be of help.
posted by fire&wings at 8:18 AM on July 20, 2005

*asked
posted by fire&wings at 8:19 AM on July 20, 2005

Response by poster: I should clarify that I am intending to both offer this for free as mp3s on my website and also to sell physical CDs.

However, after reading the thread for the question fire&wings linked to, I think I have my answer.
posted by ddf at 8:27 AM on July 20, 2005

Yes, it's a derivitave work, and yes, it'd be an infringement. (For greater clarity; I'm not trying to belabour the point.)
posted by mcwetboy at 8:31 AM on July 20, 2005

wow. is this the new black?
posted by andrew cooke at 8:56 AM on July 20, 2005

derivative
posted by blue_beetle at 9:21 AM on July 20, 2005

Take a look at what happened to The Wind Done Gone for an idea of what can happen.

Since there are a lot of PKD movies coming out over the past few years, I suspect his rights-holders will be fairly interested in enforcing their copyright.
posted by revgeorge at 10:06 AM on July 20, 2005

But what about famous musicians mentioning The Hobbit, or even other musicians in their music? This is clearly much more literal, though, in which case...

I'd say go ahead with it--join the ranks of Negativland and Snog and hope you're small enough that they don't notice you. Don't go down without a fight, and if it comes to litigation, one-last hurrah and out you go :) It's a shame to let art like this simply not exist.
posted by Lockeownzj00 at 2:19 PM on July 20, 2005

Looks like there's a form to contact his daughter and agent to request rights. If I were you I'd maybe give up the idea of selling the CD and just ask for rights to distribute it for free, in the hope of improving my chances for approval. But that's just me.
posted by cali at 2:29 PM on July 20, 2005

I don't have any answer to the question, I just wanted to say that A Maze of Death is one of my favorite PK Dick books. I have read it several times.

If you are a fan of sci fi you definitely should read it.
posted by jockc at 3:59 PM on July 20, 2005