Copyright
- Thread starter kal el
- Start date
Sure you can sue. Did somebody render a legal opinion here? I don't think so. Registering helps, but if somebody swipes your screenplay and makes a boatload of money and you've loads of evidence it was yours (earlier working copies, etc) you could have a compelling case to take his boat.
Copyright begins the moment your pen meets paper. The work is yours, period. Not later when you register it.
Besides, the obviously non-lawyer who made the "can't sue" comment forgot that in the United States people can sue for ANYTHING, whether they can win is another matter entirely.
Huh? Sure, you can sue for copyright infringement even if you didn't "register" it anywhere. You can even win, too.
Please give me one example. § 411. Registration and civil infringement actions11
(a) Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b),no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.
(a) Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b),no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.
Morris, found on your link:
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Morris, here is my "example" (no doubt one of thousands on the net).
As I said, You have copyright as soon as "pen leaves paper". According to the site If someone steals your work and you want to sue, you'll have to register it before you can sue in court. You don't lose ownership or your ability to sue if you don't register.
"The work does not need to be registered to have the protection of the Copyright Law; the rights to exclusive ownership and control inure to the creator as soon as his “pen” leaves the paper. However, before a Copyright can be enforced in court, the owner must register the Copyrighted material with the United States Copyright Office in Washington, D.C."
http://entertainerslaw.org/pb/wp_4bf73b80/wp_4bf73b80.html
As I said, You have copyright as soon as "pen leaves paper". According to the site If someone steals your work and you want to sue, you'll have to register it before you can sue in court. You don't lose ownership or your ability to sue if you don't register.
"The work does not need to be registered to have the protection of the Copyright Law; the rights to exclusive ownership and control inure to the creator as soon as his “pen” leaves the paper. However, before a Copyright can be enforced in court, the owner must register the Copyrighted material with the United States Copyright Office in Washington, D.C."
http://entertainerslaw.org/pb/wp_4bf73b80/wp_4bf73b80.html
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I just tried the link and received the same problem. However, you just quoted what I said "However, before a Copyright can be enforced in court, the owner must register the Copyrighted material with the United States Copyright Office in Washington, D.C."
If you do not have a registered copyright, you can't enforce it. This is far different than what you said. "Sure, you can sue for copyright infringement even if you didn't "register" it anywhere. You can even win, too."
If you do not have a registered copyright, you can't enforce it. This is far different than what you said. "Sure, you can sue for copyright infringement even if you didn't "register" it anywhere. You can even win, too."
I never said that you would loose ownership. However, if you didn't register the copyright, you can't sue under those laws. As you stated, anybody can sue. However, winning and suing is different. You would have to try under a Court of Equity.
As you stated, anybody can sue, but chances of winning would be unlikely. I NEVER MENTIONED THAT SOMEONE WOULD LOSE THEIR WORK. Without a registered copyright, you would have to take your chances with a Court of Equity.
As you stated, anybody can sue, but chances of winning would be unlikely. I NEVER MENTIONED THAT SOMEONE WOULD LOSE THEIR WORK. Without a registered copyright, you would have to take your chances with a Court of Equity.
Splitting hairs here aren't we? To get back to the OP's question, it is clear one doesn't have to pay anything to have their work copyright protected.
As for the other thing, I concede nothing. I have to consult with my lawyer connections to clarify that. A film that is completed based on someone else's written work may be a different copyright issue all together. I do see the advantage of registering before trial because it puts a burden on the thief to decide whether or not he'll attempt to register a stolen screenplay putting himself at a greater risk should he lose the lawsuit.
Theft is theft.
Nobody has the right to steal your TV. If they do there are many ways to prove it is yours.
Nobody has the right to steal your literary work. If they do there are many ways to prove it is yours. Copyright registration being one.
Nobody has the right to steal your TV. If they do there are many ways to prove it is yours.
Nobody has the right to steal your literary work. If they do there are many ways to prove it is yours. Copyright registration being one.
Do not EVER use the WGA. They literally destroy your script that you send them if you don't keep paying every 6 years or something like that. WGA is useless.
Such as a file on a hard drive that shows "date created" and "last modified" under file properties. Keep saving your script under a new file name as you're writing it. Example: My Script - 1, My Script - 2, My Script 3, etc
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