Register your work for less

[texvanwinkle]

The script registrations I made a decade ago are now expiring, which reminds me: ProtectRite, by the National Creative Registry, registers more than just screenplays, and registers works for twice the length of time for less money than the WGA. It also, for free, as part of registration, acts as an emergency back-up source, with one-click file retrieval if you somehow lose all the copies of your script.

 

[Randall_Oelerich]

I use the US Library of Congress Copyright Office-- works registered there ($35 online) are safe for the length of your lifetime plus another 70 years-- if you want legal protection or remedies beyond that you need to do some serious haunting from the grave. rogar-BigGrin(DBG)

The script registrations I made a decade ago are now expiring, which reminds me: ProtectRite, by the National Creative Registry, registers more than just screenplays, and registers works for twice the length of time for less money than the WGA. It also, for free, as part of registration, acts as an emergency back-up source, with one-click file retrieval if you somehow lose all the copies of your script.

 

[texvanwinkle]

I use the US Library of Congress Copyright Office-- works registered there ($35 online) are safe for the length of your lifetime plus another 70 years-- if you want legal protection or remedies beyond that you need to do some serious haunting from the grave. rogar-BigGrin(DBG)

For full copyright protection and the term it provides, that's definitely the route to go. But any creative work like a screenplay has implicit copyright from the time of completion, whether it's registered with the USCO or not. In which case, if you just want registration to indicate authorship and time of completion for proof that will and has been accepted in court, the WGA or NCR registration are cheaper options.

The NCR (ProtectRite) does offers permanent registration for $39.95, but in that case--unless you want their ability to download your work, which the USCO doesn't provide--the copyright option is cheaper.

 

[Charli]

I use WGAw which is what is expected in Hollywood. I would never copyright register a script because then it's "dated" and also unnecessary. Keep it simple, spend $20 at WGA.

 

[David Jimerson]

You have no access to courts for copyright protection unless you register your copyright.

It's such a tiny fee; I really do not understand why people go to such lengths to try to find ways to avoid it.

 

[vcassel]

You have no access to courts for copyright protection unless you register your copyright.

It's such a tiny fee; I really do not understand why people go to such lengths to try to find ways to avoid it.

So wait, the diverging opinions and counters in this thread are confusing me. What do you recommend to those of us not in the know about this? What the OP suggested?

 

[David Jimerson]

It depends on what you want to do.

If you want copyright protection, the only method which works is registering with the Copyright Office. Nothing else will protect you from infringement, because nothing else gives you access to courts.

But, registering with the WGA will be key for credit purposes, etc., should you get that far with it. But it will not, by itself, protect you against infringement.

 

[Randall_Oelerich]

So wait, the diverging opinions and counters in this thread are confusing me. What do you recommend to those of us not in the know about this? What the OP suggested?

*Only* if a screenplay is registered with the US Library of Congress Copyright Office do you have $$$$ and other legal remedies such as suing for statutory damages (significant) if someone abuses or steals usage of your copyrighted screenplay (which is legally 'copyrighted' the moment you type it out or even write it on a napkin, or in this case register it with the WGA-- but that won't get you jack squat in terms of legal remedies in terms of statutory damages. period). Some day if and when I make it as a member of WGA I will of course register with WGA (expected as Charli pointed out), but until then I the Copyright Office is the best way to go for legal protection and financial and other remedies in case of infringement.

 

[vcassel]

Thanks, guys!

 

[texvanwinkle]

You have no access to courts for copyright protection unless you register your copyright.

It's such a tiny fee; I really do not understand why people go to such lengths to try to find ways to avoid it.

In terms of access to and protection by the courts, that's not quite accurate, according to the NCR:

Is registering with ProtectRite or the WGA a US Copyright?

Only The US Copyright Office can issue a formal copyright, however, the law states that when you affix your name and date to an original work you are automatically entitled to copyright protection. In the cases where our type of registration has been presented as evidence, it has been accepted as a copyright. (Writers: Since the copyright office takes an average of six-months to process applications, many writers register with us for instant peace of mind and as an added protection so they can begin showing their work immediately.)

We want our registrants to be well protected and do advise that writers explore filing final drafts with the US Copyright office. Also, always save all correspondence with anyone you send your work to. A rejection letter can be important evidence in an infringement case.

So, yes, having true copyright protection through the USCO is ironclad protection, but registration alone does provide some legal protection.

It is not true, however, as I think someone else said, that you have to register your script with the WGA for credits purposes. From the WGA registration FAQ:

Does registration help in determining writing credits?

Generally, no. However, if there is a dispute as to authorship or sequencing of material by date, then registration may be relevant. Questions concerning the WGA credit determination procedures should be directed to the Credits department at (323) 782-4528. Or click here for more information: Credits Survival Guide.

In other words, registration can be helpful, but only due to the fact of having your script registered, not through whom you registered it. The NCR registration offers the same protection as the WGA, just for twice as long--ten years instead of five--for less money (and $20 less than the USCO). It also provides the ability to retrieve your work from them if somehow you lose your copies, something neither the WGA nor the USCO offers.

So it really comes down to how much money you can afford to spend, and how worried you are about facing a copyright issue. Frankly, the likelihood of ever having to defend your copyright is slim, and the likelihood of proving a connection between a produced work and yours is slim to none. It's been done, but it's rare. So until I'm on the brink of an actual sale, I'm just not that concerned about full copyright protection over simple registration for the extra cost.

 

[Randall_Oelerich]

I use WGAw which is what is expected in Hollywood. I would never copyright register a script because then it's "dated" and also unnecessary. Keep it simple, spend $20 at WGA.

So Charli, what do you do after your WGA filing expires after five years? Do you shell out another $20 for each of your filings (scripts) with WGA? That seems like it could add up after 10-15 years. US Lib. Congress registration is a one time fee of $35 (online), no worries about any renewals. I do not mean this as sarcastic, I really want to understand the WGA five year expiration situation-- what do writers do every five years, do they really shell out another $20 for each screenplay on file with WGA?

 

[David Jimerson]

In terms of access to and protection by the courts, that's not quite accurate, according to the NCR:

The NCR is wrong. Not only about whether their registration offers copyright protection, but also on other details, too. The Copyright Office does not issue copyrights; the copyright already exists at the creation of the work. You do not have to "affix" a "name" or a "date" to anything; copyright exists at the moment you set something into tangible form. No NCR registration will mean squat if you don't have access to the courts to bring suit for infringement, which you don't if you don't register your copyright. So no, you are not "automatically entitled" to copyright protection. You have certain rights with respect to the work, such as selling, licensing, etc., but you do not have "protection." Only the courts can provide that. And for access to the courts, you must register with the Copyright Office.

Besides, they seem to be rather confused as to what a "copyright" is. A copyright is not a date. It's not a moment in time. It's not an issuance of some formal declaration. It's a property interest in a piece of work. Nothing they do constitutes a copyright.

So, yes, having true copyright protection through the USCO is ironclad protection, but registration alone does provide some legal protection.

It really, really doesn't. At best, it is evidence toward establishing a date. That's it.

It is not true, however, as I think someone else said, that you have to register your script with the WGA for credits purposes. From the WGA registration FAQ:

In other words, registration can be helpful, but only due to the fact of having your script registered, not through whom you registered it.

Yes, and disputes are the time it'll really matter, which is why it would be key. And the WGA is going to put more stock in its own registration than it will an outsider. They may not even put any stock in it at all. The passage you quoted doesn't say it doesn't matter with whom you register.

The NCR registration offers the same protection as the WGA, just for twice as long--ten years instead of five--for less money (and $20 less than the USCO).

And registering with the Copyright Office once gives you full legal protection for your entire life, and your heirs for 70 years after.

It also provides the ability to retrieve your work from them if somehow you lose your copies, something neither the WGA nor the USCO offers.

Everything registered with the Copyright Office goes into the Library of Congress.

So it really comes down to how much money you can afford to spend, and how worried you are about facing a copyright issue. Frankly, the likelihood of ever having to defend your copyright is slim, and the likelihood of proving a connection between a produced work and yours is slim to none. It's been done, but it's rare. So until I'm on the brink of an actual sale, I'm just not that concerned about full copyright protection over simple registration for the extra cost.

Well, you can do what you wish, of course. You can squabble over $20 or less, or you can be sure your work is protected.

Of course, if you're not worried about infringement, you don't think a connection can be proven, and you're not close to sale, what exactly do you think registration is doing for you in the first place?

 

[Charli]

Randall - I only register scripts that will be filmed as a short OR that I know I am entering into a festival (which I don't do anymore). I actually don't register my scripts at this time because I'm not ready to market them. Once I am ready to go to market, I will WGAw my script as expected in Hollywood, not copyright it, and see how it goes from there.

There is no "need" to copyright your script unless for some reason you're going out on your own to market your story. Once with representation, you have someone who handles who gets to see your script, which hopefully means it goes 'wide' and you can sell it.

The only scripts I have registered at this time are my first two which made the quarter finals of Austin Film Festival and that's it. My third one I pitched at a fest but have not registered it. Needs heavy rewrite, and my fourth almost complete and fifth still giving birth.

Now the short scripts that I registered have expired have already been filmed. My first two script have also expired but I feel no need to protect them since no one is going to see them at this time.

So, no, I don't keep shelling out $20. I get shorts made and features written but UNTIL I actually go to market, it's not my concern to be overly concerned about protection of story.

 

[polfilmblog]

"There is no "need" to copyright your script unless for some reason you're going out on your own to market your story."

Yes there is.

The WGA just throws it away after 5 years. In the garbage. Then you have nothing.

 

[Randall_Oelerich]

Randall ...The only scripts I have registered at this time are my first two which made the quarter finals of Austin Film Festival and that's it. My third one I pitched at a fest but have not registered it. Needs heavy rewrite, and my fourth almost complete and fifth still giving birth.
....

Thank you for clarifying Charli, and congrats on making it through the AFF to the quarterfinals!
randall

 

[Charli]

polf - are you sending out queries to your script? Are you looking for an agent/manager? Will you be filming your own story?

If so, then yes, protect your story but unless you're pitching loglines or sending out inquiries to agents or actor's agents, the script is in your home, unheard and untouched.

That's all I'm saying, unless it hits the public, then protect it, but if it's sitting at home, there's no need. For me, at this time, no need.

I'm currently writing a webisode series for hire and I'm not shelling out money to protect the story, it's work for hire, let them do it. So depends on situation.

 

[RockmanX3]

70 years isn't long enough.

 

[dogglebe]

Something that many people do not know is that you can register several scripts as a collection and save a few dollars (if that is a concern).

Phil

 

[Randall_Oelerich]

Something that many people do not know is that you can register several scripts as a collection and save a few dollars (if that is a concern). Phil

Good point. I have done that in the past with a collection of short film scripts, all at once for $35 with the US Copyright Office. I can only dream of having a collection of feature specs to register.