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script copyright

Hi guys,

I have a question about script copyright. I finished writing my script and some friends heard about it and wanted to take a look at it before they get involved. I don't mind sending people for reviews but is there anyway I can protect myself for my own copyright? so that other people won't steal my work?

Thanks.
 
You can register the copyright by going to
http://www.copyright.gov/

There is no way you can keep people from stealing. There
are laws against stealing a radio out of a car but people
continue to steal. Same with your script. If you work is
so good that others will steal it and make the sale before
you do there is nothing you can do. However, if you register
the copyright you will have an officially recognized "born
on" date to use in court.

Now the reality; no one is going to steal your work. No one.
No one you send your script to will steal it. No one you want
to be involved in the making of the movie will steal your work.
It just isn't going to happen.

Register the copyright and send your script to the people you
trust.
 
Thanks man. I guess I worry too much. :)

You can register the copyright by going to
http://www.copyright.gov/

There is no way you can keep people from stealing. There
are laws against stealing a radio out of a car but people
continue to steal. Same with your script. If you work is
so good that others will steal it and make the sale before
you do there is nothing you can do. However, if you register
the copyright you will have an officially recognized "born
on" date to use in court.

Now the reality; no one is going to steal your work. No one.
No one you send your script to will steal it. No one you want
to be involved in the making of the movie will steal your work.
It just isn't going to happen.

Register the copyright and send your script to the people you
trust.
 
Just to amplify and clarify what Directorik said, you cannot copyright an idea, just your written creation. What copyright protects is your physical realization of your concept. And for media that can protect multiple aspects. For example with "music", the composition, the lyrics and the performance.

The day you commit an idea to paper, it is automatically protected by copyright. As Directorik states, registering it safeguards your claim to authorship. HOWEVER, it doesn't safeguard your idea, unfortunately.

And in this business, ideas do get 'acquired'.

Back in an earlier thread on 'Registering copyright' there was a discussion. Here is a snippet of that thread.

Do you have any actual examples? I hear this often, yet I have
never heard of an actual case of it happening.

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.

Since an idea cannot be copyrighted can an idea be stolen?

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 ยง 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.

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.

You might want to review the case currently involving Ghosthunters (Montz v. Pilgrim Films & Television): http://www.entertainmentlawmatters.c...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.


PLEASE, I'm not putting this in to scare you. But every writer needs to think protectively about their work. Registering is only one part of protecting a script, but it is an IMPORTANT step. But realize that you are protecting the WORDS not the IDEAS, a common misconception.
 
I always copyright after my final rewrite and polish. Better safe than sorry.

Then I have friends and those that enjoy reading my material to do so for feed back, etc. Scripts are dated by those that read, (I get great suggestions and comments). I also now have added protection on file -- dated witnesses.

My two cents. I am not rich or famous. But I do have a lot of scripts out there for reading.
 
Thanks Don and Scifi!

I also plan to copyright it. However it needs a bit more revisions and polish and at this moment friends want to read it - so I am not sure what to do now.

I guess there is always risk.
 
Simply mail it to yourself. I'm no expert (I've never sold a screenplay), so take this with a grain of salt, but I've been told time and time again by people who have worked in the industry, that to actually have it copyrighted by the US Copyright Office is a no-no, as producers and production companies don't want to touch copyrighted material.

But like I said, I don't know this from experience, but only by what I've been told by those with experience.
 
Simply mail it to yourself. I'm no expert (I've never sold a screenplay), so take this with a grain of salt, but I've been told time and time again by people who have worked in the industry, that to actually have it copyrighted by the US Copyright Office is a no-no, as producers and production companies don't want to touch copyrighted material.

But like I said, I don't know this from experience, but only by what I've been told by those with experience.
You have been mislead.

As ZenSteve said, the myth of mailing a script to yourself is false. It
will not protect you in court if you need to prove a registration date
because it it easy to fake.

Second: producers and prodCo's buy the right to to copy, the copyright,
from the writer. Whoever told you producers don't want to touch copyrighted
material is quite confused. That fact that you have been told this time
and time again is suspicious to me - that so many people give you the
same, false, information. Copyrighting a script protects producers, agents,
studios and production companies. They know the material has a verifiable
date of registration so there will be no issues when they buy the copyright
and transfer ownership.
 
Simply mail it to yourself. I'm no expert (I've never sold a screenplay), so take this with a grain of salt, but I've been told time and time again by people who have worked in the industry, that to actually have it copyrighted by the US Copyright Office is a no-no, as producers and production companies don't want to touch copyrighted material.

But like I said, I don't know this from experience, but only by what I've been told by those with experience.
Mailing it to yourself does nothing except to prove you mailed it to yourself.

Under copyright law, once you write something, you can affix "(c) 20xx, First M. Lastname" and have your worked protected by copyright. The process of registration simply gives you a formalized "birth certificate", if you will.

Most producers and agents say they don't want to see a copyright notice on a script because it signals the writer is an amateur. Most entertainment lawyers will argue you should have it on there. Other industry professionals will say that while you shouldn't display a copyright mark, it's okay to list if it's registered with the Writer's Guild. The industry provides mixed messages. Personally, if you submit anything to someone, it should be protected by some form of registration.

The Writer's Guild registration IS NOT the same as copyright. Non-writers often don't understand its value. While the Writer's Guild registration only lasts for five years, you can obtain a registration number almost instantly, it is inexpensive, and provides comparable protection for submission with flexibility in changes to the script. It DOES NOT afford you any additional protection of rights BUT those are already present. However, they do provide you with a certificate, a paper trail of ownership.

If you go through the copyright submission process with the Library of Congress, it can be a long process. It is only slightly more expensive, but you have ALL of your rights PROTECTED. If your script is optioned or bought, the studio will require you to transfer most or all of your copyright to them. That isn't required with a Writer's Guild registration which is basically a legally recognized "time-date stamp".

This has been discussed before and some on this forum strongly believe you should just always copyright your scripts. And if you are the writer and director, I completely agree. If you are simply a screenwriter looking to get your script read, the WGA registration can be quick and efficient. Since you already have "copyright" by act of creation, the process is essentially the same as copyright registration. The number can be affixed to your title page without too much concern. Even without registering your copyright with the Library of Congress, under the 1978 Berne Copyright Convention, your rights are protected whether you affix the copyright symbol or not. You simply need proof of authorship. Here is where recordkeeping is important. Registering makes that process easier. And nowadays, the computer's time-date stamp on your files greatly facilitates proving precedence. Prior to computers, the only "time-date stamp" was the post office. And prior to 1978, if you didn't put a copyright notice on your piece, it wasn't protected. That is no longer the case.

As your script will undoubtedly go through multiple re-writes, this isn't an issue for WGA registered materials unless significant changes are made. Technically, with copyright, you need to re-register it when more than 15% of the content has changed. Copyright protects the words, not the ideas. If the script does get optioned/purchased, the director/producer will want to purchase their own copyright for the performance. Before they do that, they will want rights to the script.

Again, I know that others have strongly argued to get full copyright. Most of these are writer/directors. For writers, most of us are hoping to shift our script off to someone else before the end of five years. For the writer who is not producing their own script, we already have full copyright, and WGA registration just provides a "time-date stamp". It simply reduces the burden of transferring copyright records when the script is purchased. If a script is being optioned, do not unconditionally transfer full copyright. You can grant rights for adaptation and performance. Otherwise, if the option falls through, you no longer own the copyright and cannot re-option your own script!

While the WGA does not retain the script after five years, YOU retain the certificate they sent which SHOWS it was registered on a certain date. That along with your computer time-date stamps (as you make significant revisions, keep separate computer files) will help should you need to pursue a lawsuit. Even with regular copyright, you would need the same records. Keep your certificate (WGA or Copyright) with a copy of the submitted script. And I might even, when I'm really finished with a script, burn all the revisions to a CD and include that in the package. Now I have a complete history of my creation documented and time-stamped. This pertains more to screenwriters than to writer/directors.

BEFORE YOU SHARE ANY FINISHED SCRIPT FOR PRODUCTION, be sure it is registered for your protection, whether WGA or with the Copyright Office at the Library of Congress. To be clear, for the indie filmmakers out there who are writing and filming their own scripts, copyright registration IS your best option. For scriptwriters only, the WGA registration is often sufficient to protect your work as you market it. The act of creation grants copyright and its protections. Enforcement requires diligence and recordkeeping.
 
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