Copyrighting your film
- Thread starter FilmBoy77
- Start date
JonathanLB
Carbonite Member
It's copyrighted when you make it -- there is no need to register a copyright on a film. It's way too public anyway to need to do that. A lot of people are involved making any film, even if it's just your buddies and a few free actors, when you make the film and it's done, especially if you distribute to festivals or whatever, it's pretty obvious that it's your film.
The copyright law does not require you to register a copyright for anything for it to be considered copyrighted. It's copyrighted as soon as it is "fixed in a tangible medium of expression."
The copyright law does not require you to register a copyright for anything for it to be considered copyrighted. It's copyrighted as soon as it is "fixed in a tangible medium of expression."
yea i thought that might be the case, just wanted to make sure i didnt get any responses like "of course you need to copyright the film after its done!!!!" etc etc
i guess i was thinking in terms of when you sell the film to a buyer/distributor if there is any type of paper work that transfers the copyright to them and if you need the actual copyright papers from DC to do it, etc.
i guess i was thinking in terms of when you sell the film to a buyer/distributor if there is any type of paper work that transfers the copyright to them and if you need the actual copyright papers from DC to do it, etc.
JonathanLB
Carbonite Member
Well that's a good question, I'm not really sure about that, but I would imagine it's perfectly sufficient that they hand you one of those large contracts and you sign away X, Y, Z rights, haha, something like that.
Kevin McCallister
Well-known member
Just to add to what Jonathan told you, you WILL need to provide proof of copyright to most distributors as part of your delivery requirements. This means you will have to register the film (and sometimes, the screenplay) with the US Copyright Office, and then wait roughly 6 months for them to send you a certificate. The form is very easy, and relatively cheap to file ($45 or so, if I remember), but it's something you'll want to plan for due to the wait time for the certificate, so that you don't delay your distribution search. Hope this helps.
The Library of Congress' Copyright Office web site has all the info. All you need to do is fill out a tiny form, enclose a copy of the movie and a small fee. From the date they received it, you will hold the copyrights (even though it might takes months to get a response ... nothing to worry about).
You'd be a FOOL to think that you hold the copyrights just because you created it! Try to prove that in court. :grin: Seriously, filling out the form and sending a $25 check is probably the best investment you will make in your entire life. No need to speak to an attorney about that (what a waste of money & effort if all the info is posted on the gvt web sites).
You'd be a FOOL to think that you hold the copyrights just because you created it! Try to prove that in court. :grin: Seriously, filling out the form and sending a $25 check is probably the best investment you will make in your entire life. No need to speak to an attorney about that (what a waste of money & effort if all the info is posted on the gvt web sites).
I just wanted to repeat what I said before: the day the copyright office receives the envelope is when you start holding the copyrights. Don't worry about their slow response.
JonathanLB
Carbonite Member
Well
Well
Umm...
Ok, while you'd be a total fool NOT to copyright your screenplay as fast as you can, when it's in some sort of decent shape, even a first draft, because it's just way too hard to prove you wrote something, too much he said, she said, the same is ABSOLUTELY NOT TRUE of a feature film.
Try to prove that in court?
Uhh, you're not serious are you? How about the fact that if you are a real filmmaker, not a fly-by-night idiot who doesn't know the first thing about real filmmaking, you should have already started an LLC just to make your feature film. Then you should have started a corporate bank account to fund the film. That bank account should be full of all of the money you will need through production and post-production, if not also marketing and promotion. I would argue all of the above. Then you should have someone in charge of all distributions of finances, from credit card payments to cast and crew payments to incidentals to locations, etc. These are all going to be line items on a massive budget. You will likely have at least 50 people involved in your film in some way, and that's minimum. With extras and all you should be looking at possibly a few hundred people even on a small indie film who at least had SOME part in it. And most of these people who are actually involved in any significant way are witnesses to you being the creator of the film. They will never have seen whoever else it is claiming that it's their film.
Try proving that in court? Again I re-iterate... you weren't serious, were you? Because it's quite easy to prove you own the rights to a film when you have a company that was established for the purpose of creating said feature film, have all bank records about the expenditures, are the person on the bank account yourself, etc. It's not like that would even make it to court. Nobody would agree to defend someone who stole your film, has no contract to prove its theirs, and is just claiming it is theirs despite massive financial records to the contrary. So no, you're not a fool to think it's yours just by creating it. It is, if you did it right whatsoever.
Well
Umm...
Ok, while you'd be a total fool NOT to copyright your screenplay as fast as you can, when it's in some sort of decent shape, even a first draft, because it's just way too hard to prove you wrote something, too much he said, she said, the same is ABSOLUTELY NOT TRUE of a feature film.
Try to prove that in court?
Uhh, you're not serious are you? How about the fact that if you are a real filmmaker, not a fly-by-night idiot who doesn't know the first thing about real filmmaking, you should have already started an LLC just to make your feature film. Then you should have started a corporate bank account to fund the film. That bank account should be full of all of the money you will need through production and post-production, if not also marketing and promotion. I would argue all of the above. Then you should have someone in charge of all distributions of finances, from credit card payments to cast and crew payments to incidentals to locations, etc. These are all going to be line items on a massive budget. You will likely have at least 50 people involved in your film in some way, and that's minimum. With extras and all you should be looking at possibly a few hundred people even on a small indie film who at least had SOME part in it. And most of these people who are actually involved in any significant way are witnesses to you being the creator of the film. They will never have seen whoever else it is claiming that it's their film.
Try proving that in court? Again I re-iterate... you weren't serious, were you? Because it's quite easy to prove you own the rights to a film when you have a company that was established for the purpose of creating said feature film, have all bank records about the expenditures, are the person on the bank account yourself, etc. It's not like that would even make it to court. Nobody would agree to defend someone who stole your film, has no contract to prove its theirs, and is just claiming it is theirs despite massive financial records to the contrary. So no, you're not a fool to think it's yours just by creating it. It is, if you did it right whatsoever.
i'm not even worried about someone "stealing" the film. my purpose for having the physical finished dvd movie copyrighted would be for distribution matters in transferring copyrights and ownership over to whoever buys it...as someone in the thread confirmed that would be part of the deliverables.
screenplay was copyrighted and registered as soon as it was finished, bank account, company, etc etc etc was setup up last year. the film is done at this point.
screenplay was copyrighted and registered as soon as it was finished, bank account, company, etc etc etc was setup up last year. the film is done at this point.
Mickey Munday
Well-known member
Try proving that in court? Again I re-iterate... you weren't serious, were you? Because it's quite easy to prove you own the rights to a film when you have a company that was established for the purpose of creating said feature film, have all bank records about the expenditures, are the person on the bank account yourself, etc. It's not like that would even make it to court. Nobody would agree to defend someone who stole your film, has no contract to prove its theirs, and is just claiming it is theirs despite massive financial records to the contrary. So no, you're not a fool to think it's yours just by creating it. It is, if you did it right whatsoever.
a little obvious you haven't sold a film before. nothing wrong with that, but you missed the whole point. if you don't have physical documentation as one of the main deliverables (in this case one of the main deliverables being written copyright proof of ownership) then your sale aint going through until you get it. that's like Sony buying the rights of a movie from the guy in the barbershop and just taking his word that he owns the rights. it doesnt happen. if they have a requirement and you can't deliver then you have a problem and probably won't get paid until you resolve it the way they want it so they have their butts protected.
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Chamber005
Carbonite Member
From what I understand of copyright law, it's also impossible to sue someone if you don't have legal documentation proving that you own it.
YOU being the creator of a property are the only one who can legally copyright something of your own creation, but you CANNOT go after someone who infringes on your property unless you have the legal papers to back it up.
Plainly put, anyone and everyone can steal your product, but you're the only one who can copyright it (without risking going to jail) -- once you copyright it you can then sue the people who stole from you.
YOU being the creator of a property are the only one who can legally copyright something of your own creation, but you CANNOT go after someone who infringes on your property unless you have the legal papers to back it up.
Plainly put, anyone and everyone can steal your product, but you're the only one who can copyright it (without risking going to jail) -- once you copyright it you can then sue the people who stole from you.
Chamber005
Carbonite Member
FYI its all online now too. 35 bucks. https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Login&SWEPL=1&SWETS=1253126660000