When To Copyright?

[Cryogenic Filmworks]

Sorry, have a question that I cannot find a definitive answer to .

At what point or points does one get a copyright? The reason I ask is for a specific example. Lets say you have a screenplay completed and registered with WGA. If you want to have someone else re-write that do you copyright it at that point then hand off to the new screenwriter, or do you work with the WGA registration at that point. If the answer is that you copyright at this point, do you also copyright at each draft or if you turn over to another screenwriter for another re-write? This is not for a screenplay that will be shopped on the market, but rather one that needs a re-write other than the author.

Thanks in advance. :dankk2:
Raymond

 

[Christopher Barry]

Raymond, you read a lot of the threads, as there are a lot of different views, based on protection, rights to damages, cost of exercise, etc.

I would file LOC prior to the re-write, to document the copyright material and the right to damages issues.

Next, you probably would need to figure out if you engage a re-write as a 'writer for hire' agreement or say a 'co-writer'. Both would involve a formal written agreement and I am sure there are good precedent documents to review or seek from an entertainment lawyer. What I see as one of the key considerations is, how things are dealt with if it goes sour. A writer for hire agreement may afford you the ability to revert to your draft, before the services were engaged, whereas the later, co-writer agreement, may mean that the script has become commingled, and unless there are terms for severance in the agreement, the original works may be immediately co-owned by the co-writer. This is all speculative issues I raise and a good agreement drafted by a field specialist should foreshadow the typical problems that arise. I find the topic of interest, as I am in a similar situation, and undecided on a number of similar issues. In due course, these issues will be determined by an entertainment lawyer I engage from time to time.

The one other point I wanted to state earlier, regarding your current script, not only do you have the option to file it with the LOC, you can also include the current script version as, say, 'Annexure A' to the formal agreement, thus clearly identifying what script you provided and at what version.

Probably 101 stuff mentioned here, hope it is not too left field or irrelevant. More of a brain storm going on for me.

 

[nycfilmmaker]

would like to add that a work-for-hire agrement should include a transfer of copyright.

"it is agreed that herein writer will transfer 100% of all coyrights to ____________"

include this in our agreement. once he ro she signs there's no need to revert back to your draft because whatever he or she wrties is yours of course there must be consideration like money or future money or somehting that wil stick (in law)

under WGA rules, if he or she writes less than 51% of the draft (the final draft going into production) he WILL NOT get any credit no matter what dea you have with him.

That's if the production follows WGA rules, which most do.