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Completed Screenplay! - Copyrighting Questions:

Birdman

Birdman

Hello again!

Okay, so it's been five months and I've finally gotten this sucker down to 125 pages. That's it! Can't strip another frickin' page out of it. I am currently proofreading and checking for scene fluidity. Here are my questions:

(1) Let's say I have what I feel is an official "First Draft". I get it copyrighted. Soon after I have it copyrighted I see some errors or other issues that need fixing. Am I able to edit the copyrighted version or do I have to totally re-register a new version?

(2) If I don't get it copyrighted and I have "people" look at it (to proof or evaluate) there is a chance, however remote, that someone could rip it off. How does one get their scripts proofread by others and not get ripped off? I've seen in other threads where posters have stated that NDA's are worthless ...and their reasoning for thinking this way is very sound (directorik). What do you do?

(3) I am considering a companion novel to go with the screenplay. I know it's usually the other way around, but hey. ...Is there anything special I need to do with my screenplay registration with regard to me writing a follow-up novel?

Thanks in advance,
Birdman

P.S. Get your popcorn ready, folks! ...Coming to a theater near you!
 
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I'm no expert but I do know that minor revisions do not hurt your copyright. You wouldn't have to register the revised script. Small changes would still hold up in a court of law. The other 2 questions, I'm sure someone with better insight will come along :)
 
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(1) No. You do not need to register again.

(2) Registering the copyright does not keep anyone from ripping
it off. A NDA does not keep people from ripping you off. If someone
is going to rip you off they will rip you off. Registering helps you
when filing a claim for copyright infringement.

(3) A novel based on you screenplay will require a separate copyright
registration. Nothing changes with your screenplay registration.
 
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Thanks to all. Last question:

Let's say I choose to have a "Script Analysis Firm" look over my script. Chances are they will find sections in need of dramatic change (dialogue style, scene design, flow, etc.). They may find issues affecting the entire screenplay. Is it generally safe to send off a script to one of these firms without a copyright, do their changes ...and then get it copyrighted?

-Birdman
 
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If someone in this “Script Analysis Firm” wants to steal your script, fix
the issues affecting the entire screenplay before you do and sell it to a
major studio under their name there is nothing you can do to stop that
from happening. Registering the copyright before you send it to them
will not prevent your script from being stolen, fixed/changed and sold.

It is generally safe to send your script to a legit, known script analysis
firm without first registering the copyright. As you know copyright is
automatic so in the rare case where your copyright is infringed upon
you may still have a claim in court without registration.
 
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The copyright can "defend" your script, but it doesn't defend if someone takes your idea and alters it. He can change title, characters, locations but keep the idea. This way you will never prove that it's your story. People will see that it's stolen, if they see your idea too, but it still can't be considered as a stealing of intellectual property. You know, different people who have never even met before, can think about the same thing, with a few small differences. Yes, it happens!
 
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Directorik has summed it all up nicely. Below is not intended as legal advice but presents basic information about registering your script.

What I often encourage is to keep copies of all the drafts. The computer file is automatically timestamped so that is a fairly substantial marker when determining the chronology. There have been several recent cases of authors claiming their scripts have been used after the fact to produce major films. In some cases, the similarities are quite striking. While it's no guarantee that keeping these dated copies will help you win your case, it does show the creative precedence.

While the revision of the copyright law allows that you no longer need to affix the copyright symbol to have copyright. Registration of copyright is a formal recognition that provides you more substantial protections. It is always a good idea to register your script before sending it off to an outside party. Entertainment lawyers will advise you to put that registration number on your script title page. Professional writers will tell you that it's not necessary and considered bad form. However, it is generally the case that you can put the WGA registration number on your title page without too much issue.

If you register it with the WGA or the copyright office, you will receive your registration number. The WGA is only for five years and is flexible in the amount of changes you can make. However, it does not extend or protect your additional rights. If you have a final draft, you can submit for a copyright. Even with the Copyright Office you can typically make "non-substantive changes" (alter a few words, punctuation, etc. just not change chapters or content). Having the copyright does give you some ability to negotiate what rights you are willing to transfer to a production company--adaptation, sequels, etc.

While not as protective, registering with the WGA is quick, inexpensive and less cumbersome. They need a copy of your work as a PDF for archiving. You get the registration immediately so you can quickly send it off. Copyright is similar but you need to provide more detailed information. Both cost about the same. Professional review services often refuse to review scripts that are unregistered with either WGA or Copyright Office.

As Directorik emphasized, if someone wants to rip off your script, they will do it regardless. But to be honest, most of these places make their money because the scripts they receive will need substantial improvement. And they have a steady income stream knowing that most writers are banking on their scripts being the "golden ticket". It's easier to sell the hope of making it big than to steal an idea that they then need to rewrite creatively and peddle themselves. Most will face the same challenges to getting their version of the script read. A producer/director is more likely to be in a position to exploit a script than the typical reader. Which is why most producer/directors/studios don't accept unsolicited manuscripts to avoid litigation.

But yes, I register my scripts before sending them out if I intend to market them.
 
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Directorik, Time2Focus, Inarius, and FSF,

Thanks to all of you.

Well, I've read many comments echoing the same sentiments. Obviously anyone can steal your idea (or your entire manuscript). In turn, I can go over and rob my neighbor's house. If they have an alarm system it may make it more difficult for me, but I can still "choose" to rob it.

I could technically sue all four of you for "emotional and psychological trauma" because of the uncontrollable fear I now have regarding the theft of my hard work. I AM allowed to sue! ...but the chances of me winning that case would be slim.

All we can really do is try to make it as difficult as we possibly can for someone to steal our work. In other words, "What is the best approach for protecting one's work?"

Since I want to send it off to a Script Review Firm I'm thinking the WGA copyrighting would suffice at this point. I'm sure the script firm will have plenty of things for me to change. I have every single revision and computer file I have done since page 1, so I have the creative process well documented.

Once I have all of the suggested changes made and have it proofed by trustworthy family members, then I think it's best to get an official copyright with the U.S. Copyright Office. That to me would represent the culmination of all possible efforts resulting in an official "First Draft".

Does this seem like a logical approach?



To address the "Theft" end of all of this:

It would really suck to see one's idea stolen and made into a major motion picture. Just think of all the sweat and effort we put into these damned things just to have someone come along, steal the idea and repackage it into a blockbuster. It's difficult enough just trying to make it on the merits of our work ...but to have someone rip you off and make it into a success would be an almost unbearable blow.

"Life is a path of red-hot coals with a few cool places here and there." -Schopenhauer

-Birdman
 
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Unlike an alarm system in your home that signals the moment your
house is broken into, you will not know your copyright has been violated
until you see the finished movie. That could be years from the time it
was ripped off.
Birdman said:
I could technically sue all four of you for "emotional and psychological trauma" because of the uncontrollable fear I now have regarding the theft of my hard work. I AM allowed to sue! ...but the chances of me winning that case would be slim.
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Exactly. And there is nothing I can do to make it difficult for you to file
the law suite against me. Unfortunately there is no way to make it as
difficult as possible to steal your work. All the available option can only
help a court determine what you created and when so they can asses
damages owed. Which is why I keep a copy of every post I make to you.
Gotta keep your chances of winning to slim.

WGA is not in any way a copyright. WGA registration can help a WGA
writer in a dispute over final credit - and thus the very important residual
payments. It is useless for a non-member.
 
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The probability of someone stealing your script idea is exceptionally remote. But be sensible - don't increase those chances by uploading it to Amazon Studios or the net in general, and indeed register it with the US Copyright Office. Then relax and keep writing.

As for giving it to friends and family for their opinion. They're not objective and they're probably not in the industry. Having them say 'wow, this script is great - I loved x, y, z' does not really help you in any way... That's my experience anyway.
 
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IndiePaul said:
The probability of someone stealing your script idea is exceptionally remote. But be sensible - don't increase those chances by uploading it to Amazon Studios or the net in general, and indeed register it with the US Copyright Office. Then relax and keep writing.

As for giving it to friends and family for their opinion. They're not objective and they're probably not in the industry. Having them say 'wow, this script is great - I loved x, y, z' does not really help you in any way... That's my experience anyway.
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...My wife is an English teacher and her main purpose is to isolate grammatical errors and sentence structure. The others have experience in writing enough to where they can isolate areas that don't flow well or seem boring. I'm not expecting a professional review or "Pass, Consider, Recommend" rating from any of them.

Funny you should point out "friends and family" as not being good script reviewers. I have a friend that recollects himself as a writer (novels) but never sat down and cranked out a final work. It's always been, "I could do something really good if I wanted to." He's always telling me stories about how people have told him he should be a writer. He was actually pissed off at me now because I now have a completed screenplay. I can tell! He was mad because I didn't consult him along the way. He really wants to read my screenplay and "render his evaluation" and I can see in his eyes his true motivation ...and it's not going to happen.

There's no way in hell he would be objective with my screenplay. I can tell he would slam it not because of something I've done within my script ...but because my script represents a lack of accomplishment in his own life. He would tear apart my script just to compensate for his own lack of accomplishment.

So yes, I agree! Friends and family members can be helpful ...or very discouraging depending on who you are dealing with.

-Birdman

P.S. The guy would probably be a good writer if he ever did finish a work. It all comes down to how dedicated a person is to completing what they set out to do.
 
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IndiePaul said:
As for giving it to friends and family for their opinion. They're not objective and they're probably not in the industry. Having them say 'wow, this script is great - I loved x, y, z' does not really help you in any way... That's my experience anyway.
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If you mentioned friends/family, I've got to tell my personal problem.

I have 3 types of friends:
1) - People who say, - "Wow! It's awesome!", - no matter what crap you write.

2) - Perfectionist people who always criticize every damn thing in the story. They focus on the smallest details, but don't see the biggest ones.

3) - People who say, - "Screenplay? Get a life, man!".

And if we're talking about my family, my parents are poor and very pessimistic people, so they expect everything to fail before it even starts. And they wait me to fail just to say, - "You see? I told you to study economic degree, but you were stupid and took Screenwriting courses". So I'll show them the script ONLY AFTER it is sold.

Basically, out of all people around me, there are ZERO people who can help in a way if I show them the script.
 
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ChimpPhobiaFilms said:
Well, you should allow perfectionists to take a look at the screenplay. Because that's how your going to get a script sold - PERFECTION. I think you should get highly critical people to analyze your script.
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From my personal experience, after working on a modification for a computer game, listening to highly critical people is a 99% way to fail. The people I listened to weren't stupid, but they took me away from the relevant things into minor details. I went into fixing small bugs instead of working on the general idea... It was too late I realized that I spent whole nights doing the less relevant things.

You know, good project and project without flaws ARE NOT the same things.

Oh, and we can all learn from successful movies, that there are many minor flaws, but 90% of people don't judge them, because the general idea is what matters to them.

P.S. We all know from school/college how much "dropping the irrelevant" is important, especially when we are limited in time.
 
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Inarius said:
From my personal experience, after working on a modification for a computer game, listening to highly critical people is a 99% way to fail. The people I listened to weren't stupid, but they took me away from the relevant things into minor details. I went into fixing small bugs instead of working on the general idea... It was too late I realized that I spent whole nights doing the less relevant things.
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Comparing computer games to screenplays... what? When writing a screenplay, unless you are under some intense deadlines, you have time to do different drafts of screenplays, modifying whatever you want - something that you can't really do in computer game modification.

You know, good project and project without flaws ARE NOT the same things.
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Well, I consider a project not being good a flaw. But anyway...

good projects, projects without flaws < good projects without flaws.

Oh, and we can all learn from successful movies, that there are many minor flaws, but 90% of people don't judge them, because the general idea is what matters to them.
Click to expand...

I agree and disagree. Most of the kind of flaws we are talking about are not because of the screenplay, but during the actual shooting and editing of the film.
 
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Birdman said:
Funny you should point out "friends and family" as not being good script reviewers. I have a friend that recollects himself as a writer (novels) but never sat down and cranked out a final work. It's always been, "I could do something really good if I wanted to." He's always telling me stories about how people have told him he should be a writer. He was actually pissed off at me now because I now have a completed screenplay. I can tell! He was mad because I didn't consult him along the way. He really wants to read my screenplay and "render his evaluation" and I can see in his eyes his true motivation ...and it's not going to happen.

There's no way in hell he would be objective with my screenplay. I can tell he would slam it not because of something I've done within my script ...but because my script represents a lack of accomplishment in his own life. He would tear apart my script just to compensate for his own lack of accomplishment.
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Yeah, good call. Don't give him your screenplay. No point in giving it to someone who simply wants to be negative about it due to their own personal issues. You want people who can be objective, and ideally those with plenty of screenwriting (not novel writing) experience.

Simply completing a screenplay is great in itself. Sure every other person in L.A. seems to have 'written' (or partially written) a screenplay but outside L.A., many people go 'wow' when you say you have completed a screenplay. It's a great thing in itself - shows commitment, lots of effort etc.
 
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ChimpPhobiaFilms, it doesn't matter computer games, screenplays, or anything else in the world... Project is project. Focus on the wrong things and you fail.

I'll give you example of what I meant about critical people.

I showed my screenplay to one of my critical friends. Did I mention he has nothing to do with screenwriting? So, now I do.

He didn't say much about the story, idea, characters and all other important things. The story is about people with superpowers. There is one character who has a power to unleash shock waves to throw a person 5 meters backwards. So he went into debate with me, saying that I should count and write how many decibels of sound cause a person to fly 5 meters backwards.

What I wrote is, - "Jacob unleashes a shock wave that pulls him 5 meters backwards".

What he suggested is, - "Jacob unleashes a shock wave of X decibels that pulls him backwards", - and said that the producer/director himself will go into math and count how many meters away a wave of X decibels should pull. Because one the most interesting points for the producer/director is how good I know math... Huh...

And again, he said nothing about the story, characters, or other things that are really important.

ChimpPhobiaFilms said:
good projects, projects without flaws < good projects without flaws.
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Nothing is perfect. Suppose you somehow succeed to please one critic, you'll find out that you did SOOO much to please only one man. Other critics are not pleased. You can't make everyone happy.

And doing your project for critical people... Why? They are about 2% percent of the world's population. Why not targeting a larger audience? For example - Thor: The Dark World got so many critics, but who cares? It's still a good movie.
 
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