• Wondering which camera, gear, computer, or software to buy? Ask in our Gear Guide.

Copyrighting a Short Script

O

OrangeMango

Hi all,

All of my screenplays so far have been short--under 15 pages--and probably aren't even formatted properly, since I've been writing them mainly for practice or for films I'm making myself. Not that that's relevant to my question.

Anyway, my question: Is it worth paying $30 to copyright a short script? Yes, I love my ideas and yes, I respect my work, but is theft of short scripts a major concern for screenwriters?
 
Sort by date Sort by votes
I don't think it's worth $30. Simply put, you can't copyright the ideas and themes of your work, you can simply copyright the words. That doesn't help you much if Hollywood decides to make a movie with the same theme but a different script...

What you can do, if you do want to have some proof that you wrote the script first, is to mail it to yourself. The date of the post stamp will be your "copyright", and you can then open it in the presence of a laywer and prove that you had it on that date.

It would then be up to the other side as it were to prove they had it before then...
 
Upvote 0 Downvote
Demosthenes X said:
I don't think it's worth $30. Simply put, you can't copyright the ideas and themes of your work, you can simply copyright the words. That doesn't help you much if Hollywood decides to make a movie with the same theme but a different script...

What you can do, if you do want to have some proof that you wrote the script first, is to mail it to yourself. The date of the post stamp will be your "copyright", and you can then open it in the presence of a laywer and prove that you had it on that date.

It would then be up to the other side as it were to prove they had it before then...
Click to expand...

I wouldn't recommend this, this is a fallacy. You could mail yourself the envelope unsealed, and stuff new material in it. This is the reason it will not hold up in court.

By law, all works you create are already copyrighted. What you pay for is registration of that copyright. If it's something you cherish, get the copyright or WGA registration. It's a drop in the bucket.
 
Upvote 0 Downvote
"You could mail yourself the envelope unsealed, and stuff new material in it."

If you mail it registered mail, the post office seals it with official tape, but the cost is about $20 - $25 so the difference is nominal.

But let me ask you this, who is going to steal it? Have you - or will you in the near future - shown it to anyone who realistically has the resources to make a film that's worth suing over? Don't get me wrong, if you do, great, but if $30 is a big deal, when is a Hollywood producer going to see it? Besides as far as the copyright office is concerned, copyright protection commences the moment the material is printed in a fixed form: as soon as it is printed on paper. As it was stated before, this only covers the wording, sentence construction, and purely unique intellectual ideas contained within the piece. I had a short that was similar to Final Destination, but it would be a far cry to prove those producers stole it from me or had any malicious intent because there's no way they saw my script.

I’m not a lawyer though, make up your own mind. The US copyright office website is a good place to start. I’m glad to hear you’re not thinking about WGA registration. It's a scam.
 
Upvote 0 Downvote
"But let me ask you this, who is going to steal it? Have you - or will you in the near future - shown it to anyone who realistically has the resources to make a film that's worth suing over?"

Right, that's my thinking too. I don't see that happening any time soon, but I'd like to be able to put my script online for all to see, just to share, without having to worry about someone taking it. I mean, I'm not gonna keep it as closely guarded as the Star Wars script, but I'd like to maintain some level of protection and was just wondering what might be realistic for a short.
 
Upvote 0 Downvote
film8ker said:
But let me ask you this, who is going to steal it? Have you - or will you in the near future - shown it to anyone who realistically has the resources to make a film that's worth suing over?
Click to expand...
Why chance it?
xuetang said:
I don't see that happening any time soon, but I'd like to be able to put my script online for all to see, just to share, without having to worry about someone taking it.
Click to expand...
Simple. Copyright it.
 
Upvote 0 Downvote
Far cheaper & more effective to register with the WGA (Writer's Guild of America). You don't have to be in the union to register and it is far more protective with screenplays.
 
Upvote 0 Downvote
When I used to work in advertising, I wrote and produced a radio campaign to discourage drink driving. It won a major regional advertising award. One of the judges was the then Creative Director of a major London agency. Twelve months later, my concept appeared (without my permission) as a national billboard and TV campaign, created, coincidentally by the same major London agency.

Now a lot of people asked me whether I was going to sue them for breach of copyright and I told them that I wasn't, for the following reasons.

1) If someone has to steal an idea from you, then they are impoverished in their own thinking. You will always have another idea and they will have to live with the fact that they are talentless parasites. All around you win.

2) It's almost impossible to win a copyright battle in court, because people have the same ideas all the time. Spend the energy you put into fighting them into coming up with new ideas. Flaunt your ability to churn out idea after idea. (It drives them crazy)

3) Even if you give two people exactly the same script and they make it word for word, you will end up with two different films. It's execution not concept that counts.

In my opinion looking for legal solutions is not the answer here. Copyright as a concept is bankrupt. Ideas are not things that should have "Property of" plastered all over them.
 
Upvote 0 Downvote
Clive,

Great points you've made there. I think you're absolutely right. While I can see certain benefits to certain screenplays being copyrighted, I know that ultimately, ideas can be stolen. I mean, we're stealing ideas all the time, but instead, we call them "influences." It really is the execution that counts, especially with film.
 
Upvote 0 Downvote
And on top of all that, even if they did steal your idea outright, at least they're using it for a good cause, right? I mean, if someone had stolen your idea and used it to promote smoking, or something, it might be a different story.
 
Upvote 0 Downvote
Far cheaper & more effective to register with the WGA (Writer's Guild of America). You don't have to be in the union to register and it is far more protective with screenplays.
Click to expand...

The WGA registration has no legal backing or empowerment. The US government has gives you certain legally enforceable domestic and international rights.

And it's only about $10 cheaper.

WGA: $20, Term: 5years, provides third party proof of date
“Why should I register my material? Registering your work creates legal evidence for the material that establishes a date for the material's existence. The Writers Guild Intellectual Property Registry, as a neutral third party, can testify for that evidence.”
http://www.wga.org/


Copyright: $30, Term: Life of author + 70 years, Legally enforceable
“It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright.”
http://www.copyright.gov/circs/circ1.html#wci
http://www.copyright.gov/circs/circ1.html#hlc


Now why would anyone choose WGA?
 
Upvote 0 Downvote
Article: Clever Copyright Technique

xuetang said:
Hi all,

All of my screenplays so far have been short--under 15 pages--and probably aren't even formatted properly, since I've been writing them mainly for practice or for films I'm making myself. Not that that's relevant to my question.

Anyway, my question: Is it worth paying $30 to copyright a short script? Yes, I love my ideas and yes, I respect my work, but is theft of short scripts a major concern for screenwriters?
Click to expand...


I read this article and thought it was interesting. I think I will register my next feature this way. But, I think it would definitely be beneficial with short scripts. Just follow the format requirement for filing a Form TX. Then, even if you decide to write a feature length script from your "short" [now considered a short story], you will forever be the author and copyright holder of the underlying work. If someone else wants to write a feature length screenplay from your short --- it will be considered a derivative work and they need your permission and/or you have a claim.

MovieKat
MovieKat.blogspot.com


Found at this site: http://www.hollywoodlitsales.com/cf/journal/dspJournal.cfm?intID=1740

My POV
Brian A. Wilson

THE RIGHT COPYRIGHT

Here's about the best, most clever take I've heard on the copyright procedure for screenplays.

If you're like me, you've been seduced by filling out Short Form PA. It's fast, it's easy, it's, well, short.

But it's not the best solution.

The following procedure was suggested by John Longenecker, an Oscar-winning filmmaker. I heard him speak at a Sherwood Oaks seminar, and he shared this approach with us.

Here's what you do:

Write your screenplay.

Copy it. Paste it into Word or your favorite word processing program.

Reformat it so it looks like a manuscript or traditional document, not a screenplay.

Register that document on Form TX (Short Form TX is fine as well). This makes your writing a literary work.

Now here's the good part.

Next, fill out Long Form PA for your screenplay. List it as a derivative work of your literary work that you registered on form TX.

That's it!

What does this mean? It means that if you sell your script and ultimately get bumped off the project down the line (common in the early going of one's career), you'll still get screen credit. It'll come in the form of "based on the story by Yours Truly." That's because by registering your writing as a literary work on form TX, you've created the "underlying literary material" upon which your screenplay, or any subsequent screenplay, is based.

The screenplay-written by you or whomever else-becomes a derivative work. So does anything else that comes out of the project-TV shows, theme park rides, special packaging on Wheaties boxes. And guess who is at the head of that revenue stream? You are, because you hold the copyright in the underlying material.

Genius, baby. Wish I'd thought of it, but all props to Mr. Longenecker.

Yes, you're out two $30 copyright fees, but that's showbiz.

It's too late to do this with any scripts you've registered previously, but by all means, use this technique for every script you write from now on. It's a little time consuming, but with global search and replace, it's not that hard to reformat your script.

When those royalty checks start rolling in, you'll be glad you did it.

Annoying but necessary Disclaimer: By the way, I'm not a lawyer, the foregoing isn't a valid legal opinion, and please don't construe it as such or hold me responsible for your copyright concerns in anyway. If you have questions or doubts about copyright law, consult your entertainment attorney.

Keep writing.

BW
LA
 
Upvote 0 Downvote
Apparently the bottom line here is, what is your work worth to you.

realistically, $30 for a copywrite, that lasts essentially twice your lifetime, is a nominal fee if it is protecting something you are particularly fond of. Personally, the one script I've written ( http://www.intensitymedia.org/screenplays ) I could care less if someone uses it.. I would of course like credit for having written it, or at least a "based on" type credit. I would also like to see the finished work, just to see how something I wrote looks on screen through someone elses interpretation.

But the bottom line is, for the extra $10, copywrite is definately the best way to go (compared to WGA) because the coverage term is immensely larger, (and I believe ownership can be passed on to next of kin and such, but even if that's not the case) it holds legal weight, meaning if there is definate infringement it will hold up in court.

For a short, it's hard to say whether it's worth it or not. How strongly do you feel about your work, and how concerned are you about keeping your work as your own? Is it worth (aprox) $2/page? In some cases, I'm sure it is, others probably not.
 
Upvote 0 Downvote
Will Vincent said:
Personally, the one script I've written ( http://www.intensitymedia.org/screenplays ) I could care less if someone uses it.. I would of course like credit for having written it, or at least a "based on" type credit. I would also like to see the finished work, just to see how something I wrote looks on screen through someone elses interpretation.
Click to expand...
You should look into a Creative Commons license.
http://creativecommons.org/license/
 
Upvote 0 Downvote
You must log in or register to reply here.
Back
Top