screenplay copyright

E

emptytea

Member
I've written a screenplay and would like to show it to some people to garner interest. How do I go about getting the script copyrighted so that whomever I show the script to can not claim it as their own?

I heard that I can send the script to myself and never open it. The postmarked date would thus serve as proof.

Any help? Thanks.
 
You're right, WGA won't copyright anything. It will *register* your material though. Which does stand up in court.

EJ
 
It gives you a reference date, nothing more. It offers no protection.

(And you need to register with the copyright office to have access to the courts for infringement in the first place, so . . . )
 
BTW, just who long does it take to get the copyright # from LOC via postal?

The reason I use WGA is they send back the reg # via email instantly.

Until LOC can switch over online, my monies going WGA first.

EJ
 
I have searched and read a lot of the threads on Copyright and have a legal background. In Australia, we do not have a copyright registration system, it is automatic, when say in writing, as it is in the US, however, in the US, there is the ability to formally register. Accordingly, I have a screenplay in development and will complete a Form PA and file it at the LOC for registration in due course.

The title of a movie/program/series can not be copyrighted, I have a title I would like to keep under wraps for now. Whilst I would use an alternate working title for copies I will show to friends and writers to get some feedback, would it be best to also submit the script for registration to LOC using a working title also?

Feedback appreciated. Gut feeling is go with a working title for registration/draft and thereafter disseminate amongst people I know.
 
If you are going to copyright material because YOU are going to film it youself,
then who cares, go for it, however, if you are going to copyright material because
you want to shop a script around town -

DON'T.

Hollywood does not like dated material. Copright protecting your material dates
it and it's unnecessary. We have had countless discussions of this over at the
screenwriting site, donedealpro.com. Just register the material with WGA
and you are good to go.
 
I would partly have to disagree with Charli.

While WGA is instant and 'legal', it's not a strong legal documentation as copyright.

And I'm no lawyer, but what I've heard is that if things go to court, copyright pays for the legal fees. Registration doesn't.

So while registering your material or copyright will win in court (as proof of material created on such day) - copyright will pay for the legal fees. Registering won't.

But one strong thing to consider is this - what are the chances your script is worth stealing, and what are the chances someone is actually stupid enough to do so (as it's a whole lot easier to option the material, or purchase it [and is cheaper this way too]).

EJ
 
Thanks Charli and EJ Pennypacker.

I am familiar with both the for and against arguments of LOC or WGA filing, and aware of the lack of rights to certain damages for not filing via LOC. The WGA route is actually more practical, and perhaps no, it is not such a great script, just one written with a low budget in a mind, yet some twists and turns.

WGA is also more practical being on-line and what appears to be immediate "filing" registration, not copyright registration. I don't intend to shop it. Trying to decide if to do a promotional trailer and shop it for proper funding or try and do it with a low budget. That is undecided atm.

The question was actually pertaining to file whatever form of registration with a dummy/working title, as I have a title I would like to use later, and not disclosing it now gives it a chance of being potentially available or not in conflict later down the track. As stated before, I think I have answered my own question, I'll use a working title and reserve the other title I have in mind if it is ever produced.

Both good responses thank you, I agree with comments made in both, and I will adjust filing procedure, :thumbsup: (as he throws the script in the bin). :D

Edit: dummy/working title
 
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EJ - You are correct in stating that the chances of getting ripped off are next to
nill. As screenwriters however we cannot have dated material to 'shop' around.

To protect material, well, let's see how the Terminator II case ends up. Even with
all the careful planning, sometimes you do get screwed.
 
EJ Pennypacker said:
While WGA is instant and 'legal', it's not a strong legal documentation as copyright.
Click to expand...
It has no legal import at all other than providing a reference date.



, but what I've heard is that if things go to court, copyright pays for the legal fees. Registration doesn't.
Click to expand...
You must register with the copyright office to have access to the courts for infringement. You must register to have access to remedies such as legal fees, yes . . . as well as triple damages.



So while registering your material or copyright will win in court (as proof of material created on such day)
Click to expand...
Registering provides a date only. It's meaningless if someone can provide an earlier date.


copyright will pay for the legal fees. Registering won't.
Click to expand...
The legal fees will be paid IF the court awards them.

And let's be clear . . .

A copyright exists as soon as you put something in tangible form. It's automatic.

But you have to REGISTER your copyright with the copyright office in order to bring suit for infringement. Doesn't matter if you register with the WGA. If you can't get your infringement suit into court, you can't protect it.
 
TylerD said:
The question was actually pertaining to file whatever form of registration with a dummy/working title, as I have a title I would like to use later, and not disclosing it now gives it a chance of being potentially available or not in conflict later down the track. As stated before, I think I have answered my own question, I'll use a working title and reserve the other title I have in mind if it is ever produced.

Both good responses thank you, I agree with comments made in both, and I will adjust filing procedure, :thumbsup: (as he throws the script in the bin). :D

Edit: dummy/working title
Click to expand...

I wouldn't worry about the title. Titles can't receive copyright. There are many movies out there sharing titles. Take a look in IMDb. There's also a good chance that if you sell you movie, the title could be changed to suit the production company anyway.
 
Thanks everyone, all the comments since I posted my original question have been raised and debated from all angles in threads going back a few years. That said, it is a very interesting topic, as much as it is Groundhog Day in content.

Blaine, I had basically distilled what you said, thanks for the confirmation. :thumbsup:

I should perhaps not bother with filing with the LOC. If on-line LOC was available now, I would register. I would likely not consider litigation as a plaintiff for an alleged breach of copyright, unless a big studio or the like was the potential defendant.

'The law is an ass'. Bottom line, as asked and raised earlier, is my script that good? I doubt it. Do I intend to shop it, no. I intend to show a small group of people I know personally. WGA might be useful as a time stamp reference. I might just one day need the time stamp myself, perhaps, to defend my position. :D
 
I wouldn't worry about the title. Titles can't receive copyright. There are many movies out there sharing titles. Take a look in IMDb. There's also a good chance that if you sell you movie, the title could be changed to suit the production company anyway.
Click to expand...

They can be trade-marked though, for example, STAR WARS.

But when thinking of a title, you do still want to claim the best one for your material.

EJ
 
EJ Pennypacker said:
They can be trade-marked though, for example, STAR WARS.

But when thinking of a title, you do still want to claim the best one for your material.

EJ
Click to expand...
Hahahah, I knew I was going to get called on that. I almost added something about that, but it was going to be Gone With the Wind, but I figured the PC patrol would have a fit and ended up deleting it. I also think that without the wherewithall to enforce it, it can become a sticky proposition at best.

And I definitely agree...use the best title for your material...no one wants to read a story called "Untitled". Intrigue them with your title. Give them a reason to read it.
 
EJ Pennypacker said:
They can be trade-marked though, for example, STAR WARS.
Click to expand...

This is a great thread. With a TM, you probably could only register it as an image, not in words, unless you use a unique letter/number combination. "STAR" and "WARS" are words used generally and are in the dictionary and could not (should not) be allowed to be registered as a TM, whereas, the graphic design/font of "STAR WARS" is definitely registerable as a TM, imo.

Then there is the 40+ class of TM and you may require to register across a number of class to cover your goods and/or services being protected, each class costing a registration fee (ouch). It gets pretty expensive and difficult to do in number of class of TM in a number of countries, and then there is the enforcement. I abandoned a few TM I filed in the US in the past, whilst others I filed here in Australia were a lot easier to deal with, as I could represent myself. It would be nice to be a Lucas or Branson when it comes to funding and enforcing a TM.

May the Schwartz Be With You! :D
 
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