Do you guys register your screenplay?

[TylerGred]

I register mine with the WGA. Do you guys register your screenplays? If so what do you use? WGA, Protectrite.com, do you just get it copyrighted? If anyone uses Protectrite.com, let me know how you like their services. They seem to be faster than the WGA, it cost less to register, and your script is protected for the same number of years the WGA provides. I have just always stuck with the WGA since that is what is mainly used.

[David Jimerson]

It's "copyrighted" as soon as you write it. You don't have to do anything special for that.

WGA registration offers no particular protection other than having a valid date on which you can show you had your script on file. Now, the WGA also provides legal help for members, yadda yadda, but the act of registration with them doesn't give you any legal protections you wouldn't otherwise have. It only provides a reference date.

[Neil Rowe]

well... really the old mail trick isnt an actual legal proof of date and ownership, but can certainly help your case. the U.S. patent and copyright office really only accepts things actually registered with them as a definitive answer to ownership. if you are really worried about the ownership of somthing. you should just pay the ..what is it ..30.00 or somthing to register it. if its really worth anything , than 30.00 to protect it shouldnt be an issue for anyone, to protect it. here is a link to the U.S. copyright site under the literary works link you can see how easy it is to register.

http://www.copyright.gov/

[David Jimerson]

Forget the old mail trick. Any competent lawyer can impeach it in 30 seconds flat. If you're really that worried about it, do register with the copyright office.

[Barry_Green]

It is true that you have a legal copyright the moment it's written. Registration with the library of congress grants you some more protection, including the ability to get triple damages when suing somebody. But the most important thing it does for you is, for all the contests and such that you may want to enter, many of them say "must be registered with the WGA or copyright office"... so if you register it with one or the other, you can then enter those contests, or put it on writersscriptnetwork.com, etc.

[TylerGred]

Some agents you send your script to require you to register it with the WGA and copyright office. And I was just more or less asking if anyone has used Protectrite, but I guess not. I am not sure whether or not they well accept that in place of the WGA. Has anyone ever sent your script to an agent and used Protectrite.com over WGA?

[Guest]

Guys, REGISTER, REGISTER, REGISTER. Period. Download the forms at http://www.copyright.gov, read the site for excellent information, and do it.

I'm an attorney, and I handle copyright and entertainment matters. For the protections it affords, registering your work with the Copyright Office is a no-brainer.

First, you can't sue for infringement if you're not registered. You can register after infringement occurs so that you can file your lawsuit, so you're not locked out of court just because you didn't register.

However:

If you do not register, and then someone infringes your copyright, you are limited to actual damages, period. In other words, you have to produce evidence that you suffered economic harm. That can be difficult or even impossible, and very, very costly. And just wait till you pay your lawyer's fees.

Which brings me to:

If you DO register prior to the infringement, you're in a much better position. The Copyright Act provides for statutory damages, which can be (if memory serves) up to $150,000 if the court finds willful infringement. And the Act also provides for attorney's fees and costs. This is important, because sometimes statutory damages can end up being the only available remedy.

So if you have a solid (meaning provable) case of infringement, and you registered your copyright prior to the infringement's occurrence, you're much likelier to get an attorney interested in your case if he thinks he can recover fees from the defendant. Even if you pay as you go, you can get your legal fees back in the end if you win.

I'll say it again: copyright registration is a no-brainer. WGA registration only provides evidence of prior authorship, not registration with the Copyright Office for purposes of the Act. If you're only going to do one and not both, register with the Copyright Office.

I recommend doing both, however. The Copyright Office is badly backed up because of the anthrax problem (yes, still), as well as other 9/11 concerns, and it takes them several months to get back to you even your receipt (which is only proof that they received your copy and application, not that you have a successful registration). Getting your certificate back can take several more months.

Meanwhile, at the WGA website you can upload your script instantly. So while you're waiting for your certificate to come back from the Copyright Office, you have at least some evidence of your date of authorship. When your certificate comes back, you have prima facie evidence, for Copyright Act purposes, of the originality and ownership of the work.

So REGISTER, REGISTER, REGISTER. What good is saving yourself $30 and postage, if you're out hundreds of thousands because you couldn't keep your infringement case alive?

Aureliano

[TylerGred]

My screenplay is currently being produced and SAG as well as the production company required me to register with the WGA and the copyright office.

[Reidwriter]

Amen to the registering.
I use the WGAw. It's easy, you can do it all online and you get those cool certificates that make you look like a writer.
WGAe also registers and offers the same protection as West.

[dicou]

Hello,

Some days passed since the last reply to this thread was posted, I just hope you guys will receive e-mail notification about new postings, for I have some questions, which are possibly not going to be clear as I don't have a clear vision of the subject at the moment.


The WGA, the Library of Congress, the Copyright Office...

1) Could I register in the same way that was suggested for a film script an idea for a commercial (story resume or basic script, possibly with eventual options along the way and associated basic analysis), then try to sell it, the best offer buys it?

I guess "copyright" is meant to be worldwide, isn't it?

2) Are we world citizens with respect to this point? Does it makes any difference _where_ I register?

2.1) Could/should I register in Europe something that I'm going to try to sell in the States? Or would it imply a longer path in case any problem arises?

2.2) Or viceversa, as it seems to me that the online registering system is quite a practical one... (well I didn't search for such a site in Europe): could I register a script (short or long feature) in the States? I am Italian (I've been living in France for some years and I could register a few musical themes there with no problems).

Thanks for any advice,
Nicola

[dicou]

Anybody here with insight in the matter? Come on...

A friend told me about the "Institut National de la Proprieté Industrielle", "INPI", 10 euros up to 7 pages, enough for a commercial, but it only covers the France area. I'm investigating some of their links to the international aspect of it... but I wonder...

... do the "bigs", Tarantino, the Coen brothers, Alejandro Gonzalez Iñarritu (I love "21 grams"), do they have their scripts protected worldwide? I guess nobody can reshoot any big release from Hollywood and plan to have it in theatres (even the non-USA ones) without getting into serious troubles.

Isn't there any worldwide valid registration system? A-ehm, of course, the cheaper the better ;D

Nicola

P.S.: I'll wait a few days... maybe this thread is considered an exhausted one by now, I will eventually repost as a new thread.

[TylerGred]

I'm guessing that if you register it with the federal government and WGA or (nobody seems to use it) ProtectRite than it's protected. If you have the right papers with clear dates attached to them, I don't see how they can be useless in other areas of the world. I have never heard of a global copyright system, but I do not know.

[David Jimerson]

Registering in your country is fine. There's the Bern convention, where signatory countries agree to honor each other's copyrights. The US, Canada, and much of Europe are signatories.

[dicou]

Thank you for replying Tyler and David.

. . . . .
And would it be fine registering in a Country other than mine (no links to an easy-quick-cheap manner in Italy so far, going to ask on sceneggiatori.com) and other than the Country where I'm currently staying (they told me today about a patent office here in Buenos Aires: the guys used to save pre-dated folder numbers, you went with your invention, "we'll check it out" and later "sorry, we already had an identical one registered ten days ago")?
. . . . .

There seems to be a huge difference between registering the design/plans of any object and "registering" any relatively more abstract product of intellect (though the focus could be a different point), such as a script.

1) I guess nobody checks all of the already deposited scripts and then eventually tells you "ok, it's new stuff, you've got a patent on it", on the contrary it's just "given to us in this date, certification to be used in case anybody _else_ not us tells you that you used/stole someone else's previous work".

2) I had mentioned this (French language, "Questions / Réponses" points to their FAQ):
http://www.inpi.fr/

One of their links to worldwide registering (English language):
http://www.wipo.int/


Yes, when it is a matter of "copyright" there seem to be a convention, David, with a lot of countries accepting its terms. How lucky we are...

... for it seems that there isn't any such a convention if we had to register the design of some object we want to produce and sell: registering at the INPI only has effect in France... Not an idea, it is the materialization...?

Well I don't have it clear so far... I'll just read more (I wanted to do it _now_, but I'm dead after walking all the(se) day(s) looking for various stuff I need here...).

I'll also go and look for "ProtectRite" on the Internet (though it was said here that nobody seems to be using it... why?).

[David Jimerson]

Well, patent law is much, much more complex than copyright law. Many more requirements and it's not automatic. It gets even more complicated when designs are copyrighted AND patented.

[Barry_Green]

I'll also go and look for "ProtectRite" on the Internet (though it was said here that nobody seems to be using it... why?).

Because it affords none of the legal protections extended by registering with the Copyright office, and if you're going to register with a non-governmental agency then you register with the Writer's Guild, which has a long history of providing this service and is recognized industrywide.

Registering with the Library of Congress is very simple (for US residents, of course): go to loc.gov, download form PA (I think it's PA), print it out and send in your screenplay and a check for $30. You're registered, you're on file with the US Government, and if anybody infringes on your work, you're now entitled to sue for triple damages.

Registering with the Writer's Guild is a longstanding tradition, although I'm not all that sure why it's necessary, when the LOC is available and inexpensive. The Writer's Guild is at least an established, recognized neutral body, as opposed to some internet business that may or may not succeed. I have nothing against ProtectRite, all I'm saying is, good luck to them -- it doesn't seem like their service is necessary as far as screenwriters are concerned. Maybe for other types of work they might find a niche, but why would a screenwriter bother? We already have the L.O.C. and we already have the WGA.

And the WGA now allows electronic registering. The only advantage I can think of as to why one would need to register with the WGA, vs. the Library of Congress, is that the WGA allows instantaneous registering and an instant confirmation number/registration number. Registering with the L.O.C. can take months before you get your registration paperwork back.

And, amen to Aureliano, that was an excellent post.

[dicou]

Thanks _a_lot_ to you all for such useful replies!
Nicola

[JanBee]

BTW: Of course its no problem for foreigners to register with the WGA.

I'm doing this for all scripts, I upload them as DOCs or Final Drafts, in German language, paying 20 bucks with a German credit card. They even send you a nice certificate by snail mail. Never had any lawsuit though (alas!).

But the WGAw also tells you that they register your work for no longer than FIVE YEARS, without any further notification. So you should make sure that you keep this in mind.

[dicou]

BTW: Of course its no problem for foreigners to register with the WGA.

I'm doing this for all scripts, I upload them as DOCs or Final Drafts, in German language, paying 20 bucks with a German credit card. They even send you a nice certificate by snail mail. Never had any lawsuit though (alas!).

But the WGAw also tells you that they register your work for no longer than FIVE YEARS, without any further notification. So you should make sure that you keep this in mind.



Kind of the SNAC in Paris probably, "Syndicat National des Auteurs et des Compositeurs" (*).

But Aureliano Sanchez-Arango explained that this would put us in a condition where _actual_ damages should be _proven_, as the WGA and the SNAC only give evidence or prior authorship, it's not a registration for the purposes of the Act.

_If_ the international convention mentioned above by David Jimerson reflects the way the Act works in the USA, _then_ registering into a copyright office (not just an office giving registration date certification for prior authorship evidence) in any of the Countries which signed the convention would put us in a condition where _statutory_ damages would automagically enter the scene:




[...]

If you do not register, and then someone infringes your copyright, you are limited to actual damages, period. In other words, you have to produce evidence that you suffered economic harm. That can be difficult or even impossible, and very, very costly. And just wait till you pay your lawyer's fees.

[...]

The Copyright Act provides for statutory damages, which can be (if memory serves) up to $150,000 if the court finds willful infringement. And the Act also provides for attorney's fees and costs. This is important, because sometimes statutory damages can end up being the only available remedy.

[...]

WGA registration only provides evidence of prior authorship, not registration with the Copyright Office for purposes of the Act. If you're only going to do one and not both, register with the Copyright Office.

I recommend doing both, however. The Copyright Office is badly backed up...

[...]

Aureliano





Such strictly-speaking-copyright offices could be in France the SACD and in Italy the SIAE, I don't know in Germany.
As for Italy, I see that the members of the group sceneggiatori.com (sceneggiatore=scriptwriter) are rather upset when talking about this issue, for the Italian SIAE charges 100 euros, at least that's what I'm reading in the group.


When trying to sell an idea, I guess the people I might address are well aware of what is above, including the fact that "sometimes statutory damages can end up being the only available remedy". I might be facing gentlemen or f%*$*&g b*="!&*s businessmen and I wouldn't want to have to find out what the case is.

I'll try to figure out what the easiest access to the real "copyrighted" status would be now to me (I know of some Italian musicians residing abroad and registering in Italy... maybe not all of the copyright offices require that you reside in _that_ country... at the moment... hey what if you register in your country and then want to move abroad?, they must be able to [and willing to] continue to deal with the stuff you left them, so I guess... well to the phone again [and to the web]).

Thanks again for all the infos!
Nicola

------------

(*) I called in, they don't mind where I'm currently living/resident and I could send in my text with the translation to various languages, and as for short ideas: to 8 synopsis for 32 euros.

http://www.snac.fr/ then on the left "Faire un dépôt", if anybody wants to give a look.

[Aureliano]

The following is offered for informational purposes only and is not intended as legal advice. Consult an attorney in your area.

I got a "Message too long" error, so I'll have to split this post.


Some days passed since the last reply to this thread was posted, I just hope you guys will receive e-mail notification about new postings, for I have some questions, which are possibly not going to be clear as I don't have a clear vision of the subject at the moment.


The WGA, the Library of Congress, the Copyright Office...

1) Could I register in the same way that was suggested for a film script an idea for a commercial (story resume or basic script, possibly with eventual options along the way and associated basic analysis), then try to sell it, the best offer buys it?

I guess "copyright" is meant to be worldwide, isn't it?

2) Are we world citizens with respect to this point? Does it makes any difference _where_ I register?

2.1) Could/should I register in Europe something that I'm going to try to sell in the States? Or would it imply a longer path in case any problem arises?

2.2) Or viceversa, as it seems to me that the online registering system is quite a practical one... (well I didn't search for such a site in Europe): could I register a script (short or long feature) in the States? I am Italian (I've been living in France for some years and I could register a few musical themes there with no problems).


Sorry for not responding sooner.

At the outset, I want to repeat one point--REGISTERING WITH THE WGA DOES NOT GIVE THE STATUTORY PROTECTIONS OF REGISTERING WITH THE COPYRIGHT OFFICE. TWO DIFFERENT ANIMALS ALTOGETHER. I cannot emphasize that enough--see my previous post.

Your questions, in order:

1). *No. *U.S. Copyright law requires, at a minimum, sufficient "originality," or "sweat of brow," to be present in the work to be copyrightable.

Mere ideas are not copyrightable, but your expression of those ideas would be. *So if you just verbally throw an idea out into the air, or even briefly describe it on this board, it's out there for the taking. *I cringe when I see people "pitching" ideas for features on boards similar to this one, since they're just spitting their ideas into the public domain. *

If you want to protect a story idea, write it down. *Then register the writing as a story outline for a screenplay, using Form PA. *The more detailed your outline or treatment, the more protected your story is. *A paragraph ain't much, but ten pages with character and scene descriptions, and a plot outline, goes a lot farther.

2). *The United States signed onto the Berne Convention around 1989, and got rid of the remaining formalities we required in order to create copyright protection (because the Berne Treaty required it). *The Berne Convention requires signatory countries to give each others' copyrighted works the same protection the works would enjoy where they were copyrighted. *That means your work, when copyrighted in the United States, should enjoy at a minimum an American level of protection in any other Berne signatory country. *You can download a word or .pdf file of the signatory countries here: http://www.wipo.int/treaties/en/ip/berne/index.html. *In fact, the WIPO.org web site is full of lots of good info.

So to answer your other two questions, since France, Italy and the United States are all Berne Convention signatory countries, registering in any one of them is, in theory, enough. *Of course, this is not intended as specific legal advice to your case, I'm just looking at the law and offering an opinion. *Bear in mind I'm only licensed to practice in Virginia, and you should consult a local attorney for specific legal advice.

[Aureliano]

The following is offered for informational purposes only and is not intended as legal advice. Consult an attorney in your area.

Continued:


Registering with the Library of Congress is very simple (for US residents, of course): go to loc.gov, download form PA (I think it's PA), print it out and send in your screenplay and a check for $30. *You're registered, you're on file with the US Government, and if anybody infringes on your work, you're now entitled to sue for triple damages.
Not exactly.

1. *Sending in your form PA (for Performing Arts, including your film and screenplay) and $30 is an application for registration, not a registration. *What you get back first is a receipt, not a certificate. *An examiner with the Copyright Office will then look at your work and make sure it meets the minimum requirements before conferring a copyright registration. *When he gives it his blessing, he prepares a certificate that's effective as of the date they received your application. Then you're registered, retroactively to the date they received your application.

2. *No triple damages. *The Act provides for statutory damages of between $750 and $30,000 per work infringed, and if you can prove willful infringement, you can get up to $150,000 per work infringed. *You can also get attorney's fees. *But this only applies if the infringement occurs after registration. *Otherwise, you're limited to actual damages. *In no case does the Copyright Act provide for "triple" damages.


Registering with the Writer's Guild is a longstanding tradition, although I'm not all that sure why it's necessary, when the LOC is available and inexpensive.
This is absolutely correct. *What the WGA registration does is give you evidence that you wrote the screenplay as of a certain date. *But it does not confer the statutory protections of a Copyright Office registration. *As I said in my first post, if you're only going to register with one of them, register with the Copyright Office. *There's nothing wrong with registering with both, but registering only with the WGA is, in my opinion, unwise.

[Barry_Green]

Excellent clarification! Thanks!

[Aureliano]

No problem--I'm a babe in the woods with my DVX and FCP setup, but this is an area where I'm qualified to contribute....

Now if I can just find that "Win Award" setting in the F6 scene file...

[BeachBum]

This thread assumes you have something worth protecting. Few people outside the film industry have a clue what that entails. The chances that a script, originating outside the established and insular film community, will go anywhere except the trash can are infinitesimal. In fact, that's too generous. But addressing the legal hoops of protecting one’s script(s) are a good way to feel like you’re making progess.

If you're really serious, make your own indie movie and enter it on the film festival circuit, where it might have a chance to sink or swim on its own merits.

[Guest]

This thread assumes you have something worth protecting. Yes, indeed it does--without which assumption, this thread has nothing to offer.

However, the issue of quality has nothing to do with copyrightabilty. The Copyright Act treats sufficient originality, not quality, as a criterion for bestowing registration. Trust me, Roger Ebert is not a copyright examiner.

Opinions to the contrary notwithstanding, literary criticism is irrelevant here. If it's valuable to you, I recommend as an attorney who practices in this area of law that you register your work with the Register of Copyrights at the Library of Congress, and cynics who poo-poo your work (or your chances of success) be damned.

But that's just my opinion, which of course should not be taken as legal advice.

[David Jimerson]

Way to CYA. ;D

[Aureliano]

Way to CYA. * ;DHey, that's what I do. ;)

[David Jimerson]

I know. I'm a member of the bar myself.

;D

[Aureliano]

I know. *I'm a member of the bar myself.

;DFigured as much--you sound like you do IP. Where are you admitted?