Protect your film legally?

DDiLeo720

DDiLeo720

Active member
Hey guys. I am just wrapping up my first feature and am getting it prepared to ship out to film festivals. I am little worried though about the protecting it legally. I am an llc set up for my own production company. But how do I copyright the film to that? Or I guess my real question is, what is the best way to protect your film legally? Copyrighting? Then to what? Just very confused on the steps and any info given would be very much appreciated. Thank you
 
Protect it from what? The copyrght protects it from unauthorized copying or exhibition. Is that what you are concenred about or is it some other protection, like getting sued, that you're worried about? A corporation is legally a 'person." If your film's legal owner is the production company, it would be the author for copyright purposes. Assuming you're in the States, a visit to the Copyright Office's website would give you the info and forms you need. It's no big deal to register a copyright.
 
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Thanks steve, so if correctly understand you all I need to do is copyright the film to the production company. And by protecting it I mean, from people who may copy.
 
I wouldn't say that all your need to do. I'm not a lawyer and can't offer legal advice. But registering copyright is certainly a major first step in protecting it. But you may need to do more. For example, copyright on the script is separate from the copyright on the completed film ... did you register it yet? How about the music you've used? Properly licensed? I suggest a conversation with an entertainment law attorney might not be a bad idea about now, just to make sure you've got your bases covered.
 
You really don't need to copyright a movie once it's done to have protection. Not saying you don't do it, I mean... it's always good to be safe, of course, it's procedural. There is a lot more advantage in copyrighting a script, though, because it provides you some real proof that, hey, I wrote this thing and it was copyrighted on such and such a date, etc. With a movie, a ton of people worked on it, what is going to happen, someone is going to claim that it's their movie? haha, I don't think so.

And your work is copyrighted immediately upon being done, by the way, without you having done anything. In fact, it's done as soon as it is "fixed in a tangible medium of expression." I have an article I'm working on that isn't even done yet, and it's copyrighted too. Everything is copyrighted, you don't need to register it. The registration just provides you some extra level of protection in case your copyright is infringed. For instance, even if your script is technically copyrighted immediately upon you writing it, how can you prove that in a court of law? It may be very tough without having actually sent it to the copyright office. But with a movie, I mean so many people work on a movie, so many people know what is up, it's pretty tough to imagine that being a problem. If someone copies your work illegally, of course you have a claim to sue them, doesn't matter whether you registered the film with the copyright office or not. That would actually not help you in a court of law whatsoever, they are in the wrong either way.
 
Jonathan ... while you are correct that copyright comes into existence automatically without requiring registration, registration is necessary in order to be able to collect statutory damages in the event of infringment.
 
Eh

Eh

I don't believe that, no. So you mean to tell me that while any company like mine is finishing post-production on our film, if someone stole a screener copy that isn't yet finished and distributed that, we couldn't seek damages because we don't copyright the film every day? That is nonsense, and not true at all, actually.

I don't think you'd have any trouble litigating in circumstances like that.
 
Litigation is always a problem even when all the evidence is in your favour. The other party usually always files an outrageous counter-claim which is known as muddying the waters in order to try and reduce settlement offer(s). I've launched a number of suits in my time and its not like you see on tv.
 
You should also file a copyright claim because if you don't someone else might
and that would cause you such a legal nightmare you may just wanna pay his blackmail money because its easier !
 
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Copyright, copyright, copyright

Copyright, copyright, copyright

JonathanLB said:
I don't believe that, no. So you mean to tell me that while any company like mine is finishing post-production on our film, if someone stole a screener copy that isn't yet finished and distributed that, we couldn't seek damages because we don't copyright the film every day? That is nonsense, and not true at all, actually.

I don't think you'd have any trouble litigating in circumstances like that.
Click to expand...

I don't think he is saying you won't be able to seek damages. It will just be harder and you will pay more money and spend more time proving that the film is yours. Because if you had CR your work it would be an official record of it for all to see. When you don't copy right your work and someone steals it the burden of proof goes from the person who stole it having to prove they created it to you proving that you did.

Who wants to go through all of that when you can simply copyright it from the start and save your self needless expense.

Waiting for a court date, postponements, additional lawyer fees etc.
 
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