I understand you can do this with the Writers Guild but that it requires a fee. Is there anyway to register work without it costing money? I also write film score music and wound up finding an excellent place to register works for free so I was hoping there would be one for Screenplays and such as well? Any help would be much appreciated.
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Registering Screenplays
- Thread starter Scorer
- Start date
To my knowledge, there isn't any cheaper way than registering it with either the U. S. Copyright Office (http://www.copyright.gov/) or with the Writer's Guild of America (http://www.wgawregistry.org/webrss/), both of which cost money ($20 for WGA, or $10 if you're a member in good standing).
The "poor man's" copyright involves mailing a copy of the script to yourself and saving the unopened envelope in a safe place. If there is ever any question, the date stamp on the envelope will indicate the approximate time the script was written. Do I recommend this? NO.
Spend $20 and do it right.
good luck!
-Charles
P. S., if you intend to shop the script around, most ProdCo's won't even read it if it hasn't been registered with either the WGA or U.S. Copyright office. They want proof you wrote it and own the rights.
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Then you really shouldn't even mention it without saying that
this method is not legally acceptable. Not only should this method
not be recommended, it should be strongly discouraged. It is not
an option.
Scorer, paying a fee to legally protect your work - especially your
music - should be part of your process.
FWIW.. I just signed up for US copyright office, seems the fee for e-filing is now $35. Might have to sign up with the WGA...
EDIT: I did learn that copyright is granted when you create the work, but registering your copy rights provides protection during and after the registration process, which can take months, that said.. nothing is required for you to have copyrights, as you own them when you created the work. However, this means very little in our litigious society.
check this article for more... http://www.intellectlawgroup.com/articles/poormans.html
In short (my words here, not quotes) you can NOT sue for copyright infringement if you haven't registered the work, you can register the work after the fact for sure, but then you have to wait or pay expediting fees before you can file a claim. Then you still have to PROVE that you created the work PRIOR to the infringement, in which case the poor mans copyright MIGHT have some utility, but it seems easy enough to fake.
I wonder if a NEW type of poor mans copyright might develop, with all the online submissions. Google docs comes to mind, I don't think you can fake posting\revision dates etc. As far as that goes, posting your entire script in this forum might prove that you authored the work at such and such a date.. . though, proving that does you no good if you haven't registered the work.
EDIT: I did learn that copyright is granted when you create the work, but registering your copy rights provides protection during and after the registration process, which can take months, that said.. nothing is required for you to have copyrights, as you own them when you created the work. However, this means very little in our litigious society.
check this article for more... http://www.intellectlawgroup.com/articles/poormans.html
In short (my words here, not quotes) you can NOT sue for copyright infringement if you haven't registered the work, you can register the work after the fact for sure, but then you have to wait or pay expediting fees before you can file a claim. Then you still have to PROVE that you created the work PRIOR to the infringement, in which case the poor mans copyright MIGHT have some utility, but it seems easy enough to fake.
I wonder if a NEW type of poor mans copyright might develop, with all the online submissions. Google docs comes to mind, I don't think you can fake posting\revision dates etc. As far as that goes, posting your entire script in this forum might prove that you authored the work at such and such a date.. . though, proving that does you no good if you haven't registered the work.
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It seems that since it could be done, a good lawyer could poke holes
in a copyright claim that uses something like Google docs or indietalk
as a proof of copyright.
And that's what this ultimately comes down to. If you never end up
in court defending your copyright, then it really doesn't matter what
you do. However, if you do end up in court defending your copyright
why take the chance? $35 isn't even a couples night out. Most college
students spend that on pizza/beer on a weekend. Most high school
students will pay out that much in fast food in a couple of weeks.
So the "poorman" must make a sacrifice. Writers spend a lot of time on
their screenplays, composers spend a lot of time on their music. I guess
I just can't understand why spending a little money to register the
copyright of that work is something that really needs a free workaround.
EDIT: Everything DirectoRick said I agree with... .
Knowing how I once was, and how others might be, I still try to look for the alternative solutions, the truth is most of what I write is pure crap and that $35 would be better spent on moon pies and lollipops..
EDIT DONE:
what about alternatives like..
http://www.screenplayvault.com/
Knowing how I once was, and how others might be, I still try to look for the alternative solutions, the truth is most of what I write is pure crap and that $35 would be better spent on moon pies and lollipops..
EDIT DONE:
what about alternatives like..
http://www.screenplayvault.com/
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That seems to be what Scorer is looking for.
Will registering there hold up in court? I would suggest doing
plenty of research before relying on them. This site was registered
in Sept. 2008. Will they be around in 10/20 years? But maybe
this is the free resource the "poorman" needs.
Will registering there hold up in court? I would suggest doing
plenty of research before relying on them. This site was registered
in Sept. 2008. Will they be around in 10/20 years? But maybe
this is the free resource the "poorman" needs.
Yeah, I sent them an email asking if they had any cases where in there service was used as proof of authorship date.. they might even reply..
Can I send mine to the writers guild of America, if I'm Canadian?
Yeah, I sent them an email asking if they had any cases where in there service was used as proof of authorship date.. they might even reply..
They did reply with..
Hi Dan -
No, we cannot.
Best,
Brian
Screenplay Vault
.....
in fairness, I did not ask WGA the same question.. there may be legal reasons that they cant share case info.
Any creative work once committed to a physical medium is protected under international copyright as of the 1978 Bern Convention. But as everyone has said, you need to have some physical record. Registration does not assert authorship, only the claim to authorship. If I had a copy of someone else's work and then tried to pass it off as my own, unless previously registered, I could conceivably copyright the story as my own. As mentioned, if you later tried to register it, I could invoke my registration as the primary. And frankly, without other proof, you'd be out of luck.
So while registering is necessary, here are some other points. Keep a record of whom you share your work with. I keep multiple backups when I make significant edits. All of these pieces create a record of authorship and contact. But before I send something to someone--unless I don't mind losing control of it--I first register it.
In the case above, if someone did steal my idea, I would have records to document that he was sent a copy prior to its registration. I'd also have a series of files. Because it is damn hard to alter file creation dates, especially on a read-only CD, it would be hard to argue in court that s/he had priority unless they can produce an earlier CD or computer system-dated record. While it could be done, it's a heck of a lot of trouble to go through when you could go about it legally to obtain the rights.
If you're pitching an idea, be sure you keep a record of who you spoke with. Unfortunately, I've heard from others that verbal ideas are more often stolen--even at large companies. It would be nice if screenwriters had production agents willing to sign non-disclosure agreements, but often we don't have that muscle. Hence registering is an important step. And the WGA often has the muscle to assist if they agree that there is abuse going on.
So while registering is necessary, here are some other points. Keep a record of whom you share your work with. I keep multiple backups when I make significant edits. All of these pieces create a record of authorship and contact. But before I send something to someone--unless I don't mind losing control of it--I first register it.
In the case above, if someone did steal my idea, I would have records to document that he was sent a copy prior to its registration. I'd also have a series of files. Because it is damn hard to alter file creation dates, especially on a read-only CD, it would be hard to argue in court that s/he had priority unless they can produce an earlier CD or computer system-dated record. While it could be done, it's a heck of a lot of trouble to go through when you could go about it legally to obtain the rights.
If you're pitching an idea, be sure you keep a record of who you spoke with. Unfortunately, I've heard from others that verbal ideas are more often stolen--even at large companies. It would be nice if screenwriters had production agents willing to sign non-disclosure agreements, but often we don't have that muscle. Hence registering is an important step. And the WGA often has the muscle to assist if they agree that there is abuse going on.
PS: I would also consider paying to copyright your music. Copyright gives you much broader protections than simple registration. It gives you control over performance rights, publication rights, and adaptation rights.
The same is true for copyright of other forms: plays, films, screenplays, books, art, etc. So ideally, you will want to copyright all your work. However, to be able to share it, it should at least be registered.
The same is true for copyright of other forms: plays, films, screenplays, books, art, etc. So ideally, you will want to copyright all your work. However, to be able to share it, it should at least be registered.
Do you have any actual examples? I hear this often, yet I have
never heard of an actual case of it happening.
Sure, I've heard the story about a friend of a friend who pitched
and idea to a major studio and then saw a movie using a similar
idea. I even know a guy who pitched an idea of a group of retired
astronauts being pulled back to save a group of younger ones,
got hired to write the script and then the entire project was dropped
(after Wolfgang Peterson had signed) because Warner and Eastwood
had a similar project in development.
Since an idea cannot be copyrighted can an idea be stolen?
Anyway, since this comes up so often I assume people have actual
examples of a writer pitching an idea and the large company stealing it.
I don't understand what this means exactly. What do you mean invoke it as a primary?
Well, in the screenwriting circles and my contacts, pitchfests have a bad reputation. In a case recently reported to me (admittedly secondhand but by someone I trust who heard it firsthand), after a 15 minute pitch, the writer left feeling positive. The writer later received a call saying the company was not interested. About five weeks later an almost identical production appeared with a couple of the leads swapped around but the rest of the story very similar.
I'm not suggesting that it happens often, but to imagine that it doesn't happen is to close one's eyes to the dark side of the industry. As I said, it is much easier--and cheaper in the long run--to do things above board.
According to http://definitions.uslegal.com/s/steal/ :
"Steal means to take the property of another without right or permission. It can be taking of personal property illegally with the intent to keep it unlawfully. It also refers to taking something by larceny, embezzlement, or false pretenses. The following is an example of a case law defining stealing:
'Stealing commonly refers to larceny and larceny is the unlawful taking or carrying away of the goods of another with the intent to convert them to your use.' [United States v. Kemble, 197 F.2d 316 (3d Cir. N.J. 1952)]
And to the definition of 'goods':
"Goods are defined under the Uniform Commercial Code as those things that are movable at the time of identification to a contract for sale. (UCC § 2-103(1)(k)). The term includes future goods, specially manufactured goods, and unborn young of animals, growing crops, and other identified things attached to realty."
So yes, an idea that is being pitched--since it is tied to physical entity, the script--can be stolen, since it's use was misappropriated by false pretences (the intent to produce the film) and converted for personal gain.
If you were just to toss out an idea which was not tied to a particular script, I would agree. That is really the basis of "trade secrets". They only offer protection as long as no one knows. The recent move of the CEO at Thomas' was required to sign an agreement to not disclose how they make the "nooks and crannies".
A story summary is a "trade secret" which carries a profit to its possessor, the writer. Appropriating and converting it by another deprives the author of profit due him. That certainly seems like theft. However, even with a record, it may be difficult to prove in court. This is an interesting question for an entertainment lawyer to answer.
You might want to review the case currently involving Ghosthunters (Montz v. Pilgrim Films & Television): http://www.entertainmentlawmatters.com/?p=1697#more-1697
Because this is a problem, certain legal ideas are being proposed:
http://www.pli.edu/emktg/toolbox/Idea_Sub24.htm
I'm sure there are other cases, but this one highlights the issues. In this case, it involve NBC and SciFi Channel.
Copyright is a lifetime right. It grants several rights to the creator of an original work. The main right is that only its creator may profit from its use.
If Sneaky Sam takes my work which I've not registered myself, and then copyrights it under his own name, in the eyes of the law, he asserts that he is its creator and can exert all rights and protections.
Now, I finish making some changes and I go back and try to copyright my work. The copyright office doesn't do a comparison, so I also get a copyright. But before I can find a publisher/producer, I see my book/movie earning bucks under a different name with maybe a few alterations. I can complain and seek to sue Sneaky Sam, but he holds the primary (or first) copyright.
Without proof of prior creation by me, Sneaky Sam's prior copyright will likely trump my copyright. I will lose the case. It falls on me to prove that he committed larceny--acquired the property and converted it for his own profit. My point was to make sure you document your script/movie throughout its development. Track with whom you share it and when. And before you share your finished script, be sure to register it.
There are many movies where the scripts get leaked before the production is concluded--Star Trek, Star Wars, etc. Not everyone out there is eager to steal writers' ideas. Just be aware that your script should be afforded a level of protection relative to your production budget or script length. I have some shorts that I send out just to see if someone will produce them for name credit. I have longer pieces that I register and/or copyright. Many services or agencies require you to register your script. That is a good thing.