Questions about youtube & script copyright

M

mrbshamrock

I am making a video podcast of my screenplay. It consists of storyboard art in iMovie with the Ken Burns effect + narration, audio sfx and public domain music . My screenplay-story is written with Final Draft although it is not up to studio specs for submitting as a screenplay and usually reads more like a book since I know where to insert sfx or images. My questions are:

1- Should I copyright my screenplay? I understand that I should do so to protect my work but also read opinions from a few screenwriters on blogs that think a copyright is a waste of time, and handcuffs you when you try to sell it to a production company (something about getting legal to remove the copyright) and that it may scare potential buyers away....

2- What are the ramifications if I put a demo/podcast of my work on youtube? I want to put my video podcast of pilot episodes on itunes or other podcasting sites but also considering youtube as well. Would any copyright go out the window and make my work and ideas become free for anyone else to use despite a copyright?

any advice is appreciated, thanks
 
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mrbshamrock said:
1- Should I copyright my screenplay? I understand that I should do so to protect my work but also read opinions from a few screenwriters on blogs that think a copyright is a waste of time, and handcuffs you when you try to sell it to a production company (something about getting legal to remove the copyright) and that it may scare potential buyers away....
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I'm not a lawyer, so please don't sue me for giving legal advice without a license, but here's the scoop to the best of my knowledge (if you want to be 100% sure, consult an honest-to-god lawyer).

You don't need a copyright. Once you commit your idea to paper (or film), it's legally yours. The difficulty is proving it in a court of law if someone tries to steal it. Some people suggest emailing yourself a copy, so you have a record with a time-stamp as to when it was written. I've heard, though, that it's more difficult to get vindication in court that way. If you copyright it, you have a clear and official record that it's yours, and it's easier to win a law suit quickly.

Another option is to register your script with the Writer's Guild of America (WGA). You can do that in seconds online for $20, and you're every bit as protected as officially copyrighting it. That's the way I'd go.



2- What are the ramifications if I put a demo/podcast of my work on youtube? I want to put my video podcast of pilot episodes on itunes or other podcasting sites but also considering youtube as well. Would any copyright go out the window and make my work and ideas become free for anyone else to use despite a copyright?
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Absolutely not. It's your work and is protected under law. Posting on YouTube is the same as self-publishing a book.

That doesn't mean someone can't steal from it. It just means you can sue them and win if they try.


best,

-Charles
 
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Adeimantus said:
I'm not a lawyer, so please don't sue me for giving legal advice without a license, but here's the scoop to the best of my knowledge (if you want to be 100% sure, consult an honest-to-god lawyer).

You don't need a copyright. Once you commit your idea to paper (or film), it's legally yours. The difficulty is proving it in a court of law if someone tries to steal it. Some people suggest emailing yourself a copy, so you have a record with a time-stamp as to when it was written. I've heard, though, that it's more difficult to get vindication in court that way. If you copyright it, you have a clear and official record that it's yours, and it's easier to win a law suit quickly.

Another option is to register your script with the Writer's Guild of America (WGA). You can do that in seconds online for $20, and you're every bit as protected as officially copyrighting it. That's the way I'd go.









Absolutely not. It's your work and is protected under law. Posting on YouTube is the same as self-publishing a book.

That doesn't mean someone can't steal from it. It just means you can sue them and win if they try.


best,

-Charles
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I appreciate the advice and will most likely go the WGA route instead of the standard copyright office. My primary concern was youtube though, and that's great to hear that original work is still protected when uploaded (I always got the impression it was a wild west sort of thing....which in some ways it probably still is)

thanks Charles
 
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mrbshamrock said:
that's great to hear that original work is still protected when uploaded
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Well, in theory.

But how can you prove it, if you need to?

Register a copyright at Copyright.gov for peace of mind. It doesn't cost a lot.




Some people suggest emailing yourself a copy
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Terrible idea. This is even worse than the old-fashioned "poor man's copyright" of mailing something to yourself via post office.
 
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Since 1978 it's copyrighted automatically from the time that you create it. You just need solid evidence as to what you created and when. The best way is to file with the Library of Congress. The next best way is to save a file on a hard drive (or preferably TWO hard drives in case one dies). Then store them in 2 different locations for safety. Then don't open or alter the files so that the file's created, last modified, and last opened dates do not change.

Do NOT try to save $20 by using the WGA. I repeat... Do NOT use the Writer's Guild of America. They DESTROY submissions after 5 years unless you pay to renew every 5 years. So you don't save at all with the WGA. And what happens if you move? You might never get their renewal notice.
 
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Man, I wish I could write something good enough for someone to want to steal. But if I were to worry, the the Library of Congress copyright is the only way to go. The "poor man's copyright" is legally useless. The WGA registration isn't much better, and has to be renewed every 5 years. The LoC Copyright is the only, I repeat, ONLY way to get financial renummeration via the courts. All the other ways will end up with a slap on the wrist and "cease and desist". But if you want to sue for $$$, you NEED an LoC Copyright.

In short, the moment you commit something to a tangible form, a script, movie, whatever, it is already copyrighted. But if you ever go to court seeking anything financial, the the LoC Copyright is the only legal course for getting it....Oh, but don't put the little "c" on your screenplay if you're submitting it. It makes us look paranoid and scares people away.

Best

Midnite
 
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Zensteve said:
Well, in theory.

But how can you prove it, if you need to?

Register a copyright at Copyright.gov for peace of mind. It doesn't cost a lot.






Terrible idea. This is even worse than the old-fashioned "poor man's copyright" of mailing something to yourself via post office.
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I was very disappointed to find out how useless that was some years back.
 
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Zensteve said:
Terrible idea. This is even worse than the old-fashioned "poor man's copyright" of mailing something to yourself via post office.
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I don't get it. I mean, I get that an email version of the poor man's copyright is silly, but why should mailing something not be valid? It's got a postmark from a federal agency. :huh:
 
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I don't get it. I mean, I get that an email version of the poor man's copyright is silly, but why should mailing something not be valid? It's got a postmark from a federal agency.
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One could mail oneself an empty, unsealed envelope. Then one could wait 5 years until the latest Michael Bay masterpiece comes out. Then one could type out the screenplay for said Michael Bay masterpiece, insert it into the envelope, and seal it.
 
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Uranium City said:
Michael Bay masterpiece
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Three ordinary words that should never be used in the same sentence, let alone sequence:
smiley_fist.gif


1) Michael

2) bay

3) masterpiece
 
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Dreadylocks said:
I don't get it. I mean, I get that an email version of the poor man's copyright is silly, but why should mailing something not be valid? It's got a postmark from a federal agency. :huh:
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This was completely discredited in court in the 1980's many times over. No one uses this as a cheap copyright because there are so many statutes AGAINST it now.
 
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LoC Copyright is the only, I repeat, ONLY way to get financial renummeration via the courts.
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It's true that having LOC proof could potentially save you a bundle in court. Other forms of proof will require you to spend thousands of dollars in legal fees, maneuvering the court system to prove your point. The LOC could save you a whole lot of hassle and expenses.
 
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Blade_Jones said:
It's true that having LOC proof could potentially save you a bundle in court. Other forms of proof will require you to spend thousands of dollars in legal fees, maneuvering the court system to prove your point. The LOC could save you a whole lot of hassle and expenses.
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I may go both routes - WGA + copyright just to be safe. I don't think anyone would bother stealing my story/script/etc. but it's something I've been working on for a few years now and i guess I'm a bit protective of it (it's like a little man bear pig in a manger)

I don't have the link but some writer on a yahoo answers page hated and I mean hated the idea of any kind of copyright....said it scares potential buyers and production companies away from a script because it takes a lot of legal angles to 'unlock' the copyright in order to sell it. Is there any truth to this?
 
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hated the idea of any kind of copyright....said it scares potential buyers and production companies away from a script because it takes a lot of legal angles to 'unlock' the copyright in order to sell it. Is there any truth to this?
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Nope.
 
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