As both the original rights holder, creator, and writer of Shadows of Dismemberment, I’ve spent eight months consulting legal professionals with a background specifically in intellectual property (IP) and copyright law. It’s necessary I address the situation surrounding the 2024 feature film.
Following a detailed comparative analysis, it’s apparent the film constitutes an unauthorised derivative work, lifting substantial narrative elements, character composites, and thematic constructs from my novel. Notably, it replicates the story beats, sequences, and key events — following the same locations and in the same chronological order as originally presented in the source material. However, the adaptation is both partial and crude — roughly repurposing one half of the novel’s structure while abandoning its thematic integrity and narrative stakes in favour of sensationalist content.
After consultation with IP counsel, the complexities of pursuing injunctive relief, takedown actions, or damages became clear. Given its limited theatrical release window and subsequent transactional VOD (TVOD) and SVOD distribution, the potential ROI (return on investment) from litigation would be negligible. Furthermore, cross-jurisdictional IP enforcement — given the multi-territory release strategy and chain of title ambiguities — adds further barriers.
Unlike major publishing houses or authors with institutional backing, I’ve independently financed my career at every stage. There’s no litigation funder, E&O (errors and omissions) policy coverage, or contingency-based legal team behind me. The likelihood of securing pro bono representation for a matter like this — particularly where financial recovery would equate to a percentage of the film’s modest production budget — is statistically slim.
Sometimes, protecting your work isn’t enough. It’s not just about registering it — it’s about having the resources to defend it. In this case, that’s not an option. Without the necessary financial backing or institutional support, pursuing legal action becomes an impractical and unlikely course.
Ordinarily, one would expect a reasonable resolution in these circumstances: monetary compensation, an agreed-upon payment for the unauthorised use of the novel, a fair percentage of the film’s profits, royalties or backend points on future revenues, and clear, prominent on-screen credit such as “Based on the novel Shadows of Dismemberment by A. M. Esmonde.” Further, assurances that no sequels, spin-offs, or derivative works proceed without prior written consent and agreed terms would also be standard. While these outline an industry-standard framework, the fragmented and opaque nature of how this particular film was produced — with loosely connected international partners, a narrow theatrical footprint, and minimal creative transparency — makes the likelihood of any retroactive agreement or enforcement challenging. In practical terms, implementation of these remedies is improbable without full cooperation from multiple rights holders and parties, which, to date, has not been forthcoming. While it’s clear that the two headline actors involved (including other cast & crew) in the film were likely unaware of the situation surrounding the unauthorised use of my work, it’s important to note that this is in no way a reflection on their talent or professionalism.
As such, I’ve elected to take the gentleman’s route: to raise this as a professional advisory and cautionary tale. Not for the sake of personal grievance, but to highlight the enduring gaps in IP protection for original content creators in an industry where chain of rights, clearance procedures, and story optioning practices are too often neglected. Maybe, in time, those responsible will do the right thing. It costs little to acknowledge where a work originated — and pay appropriate, even standard, compensation for its use.
While I’ve chosen not to publicly name the producers, writers, or distribution partners involved — their identities are a matter of public record and easily verifiable via standard industry databases and trade reports — the broader message remains clear.
To fellow creatives: register your work. Maintain a documented paper trail. Understand the limitations of moral rights protections in certain jurisdictions. And remember — not every infringement merits direct legal confrontation, but every case deserves to be recognised and learned from.
A. M. Esmonde
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