JonathanLB
Carbonite Member
Ok, so now the more I read, the more thoroughly confused I am, not the more informed. Previously, I had read numerous books and articles that said if you're seriously worried about your screenplay being ripped off and your ideas stolen, you are probably an amateur because in reality it rarely happens. The argument was that it's much easier and less dangerous for a producer to option your screenplay rather than pay someone else to write one based on yours and possibly get sued later.
Now I am reading another book that's quite good about indie filmmaking, and the chapter on screenplay theft basically says it happens constantly, there's little you can do to prove copyright infringement, and pretty much you're screwed. This guy admits he has been ripped off before (but lost a case), so I wonder if it's just sour grapes, but the way he puts it, even if your screenplay is registered, it won't matter, because short of outright theft, someone else could take your best scenes, take your idea, and rewrite it and it'd be very tough to prove in court that they specifically had access to your screenplay and wrote their own based on yours. Apparently most copyright infringement cases are dropped before they ever get to court. All of what he says about that makes sense, and I think it's true because you can't copyright an idea, only the unique expression of an idea.
But the way he makes it sound, you should never send your script to any contests because they mostly all require you to sign some sort of waiver, which is bad legal practice because you don't want to waive any of your rights (that part I agree with, but if they have something like that and are a reputable screenplay contest, eventually what are you going to do with your script? You have to send it somewhere). He was even saying it's risky sending it to agents, to anyone, essentially.
My question: How worried should I really be about that? What is the best thing to do with an unproduced screenplay that I can't afford to finance currently? I registered my first script with the copyright office two days ago, and I'm producing it myself, so I don't really care about sending it out because nobody can beat me to the punch anyway. I shoot in 6 months. The second script, though, will need financing at some point or need to be sold, and now I'm all paranoid about it because it's my best script.
Now I am reading another book that's quite good about indie filmmaking, and the chapter on screenplay theft basically says it happens constantly, there's little you can do to prove copyright infringement, and pretty much you're screwed. This guy admits he has been ripped off before (but lost a case), so I wonder if it's just sour grapes, but the way he puts it, even if your screenplay is registered, it won't matter, because short of outright theft, someone else could take your best scenes, take your idea, and rewrite it and it'd be very tough to prove in court that they specifically had access to your screenplay and wrote their own based on yours. Apparently most copyright infringement cases are dropped before they ever get to court. All of what he says about that makes sense, and I think it's true because you can't copyright an idea, only the unique expression of an idea.
But the way he makes it sound, you should never send your script to any contests because they mostly all require you to sign some sort of waiver, which is bad legal practice because you don't want to waive any of your rights (that part I agree with, but if they have something like that and are a reputable screenplay contest, eventually what are you going to do with your script? You have to send it somewhere). He was even saying it's risky sending it to agents, to anyone, essentially.
My question: How worried should I really be about that? What is the best thing to do with an unproduced screenplay that I can't afford to finance currently? I registered my first script with the copyright office two days ago, and I'm producing it myself, so I don't really care about sending it out because nobody can beat me to the punch anyway. I shoot in 6 months. The second script, though, will need financing at some point or need to be sold, and now I'm all paranoid about it because it's my best script.