Hello screenwriters, I have been copyrighting my works through the library of congress since I began, and I've always been curious about when it kicks in. It takes months to be filed with the library of congress and come back to you, so would you have coverage if your script was stolen and you hadn't gotten the certificate back yet? Are you covered the day you send in the application? Or is it more about leaving a legal paper trail with drafts and notes and development of the screenplay on paper?
-
Wondering which camera, gear, computer, or software to buy? Ask in our Gear Guide.
When does the copyright kick in?
- Thread starter Ccolebrook
- Start date
According to "Circular 1" on the copyright.gov web page:
"Copyright is secured automatically when the work is created,
and a work is “created” when it is fixed in a copy or
phonorecord for the first time. “Copies” are material objects
from which a work can be read or visually perceived either
directly or with the aid of a machine or device, such as books,
manuscripts, sheet music, film, videotape, or microfilm."
and
"A copyright registration is effective on the date the Copyright
Office receives all the required elements in acceptable form.
The time the Copyright Office requires to process an application
varies, depending on the amount of material the Office
is receiving.
If you apply online for copyright registration, you will
receive an email saying that your application was received.
If you apply for copyright registration using a paper
application, you will not receive an acknowledgment that
your application has been received"
"Copyright is secured automatically when the work is created,
and a work is “created” when it is fixed in a copy or
phonorecord for the first time. “Copies” are material objects
from which a work can be read or visually perceived either
directly or with the aid of a machine or device, such as books,
manuscripts, sheet music, film, videotape, or microfilm."
and
"A copyright registration is effective on the date the Copyright
Office receives all the required elements in acceptable form.
The time the Copyright Office requires to process an application
varies, depending on the amount of material the Office
is receiving.
If you apply online for copyright registration, you will
receive an email saying that your application was received.
If you apply for copyright registration using a paper
application, you will not receive an acknowledgment that
your application has been received"
Well, generally the course of action is to register it with the WGA ($20), and then file for a copyright, which I think is around $30.. so about $50 total.
My LA manager says that script theft is largely a myth, propagated in part by the WGA to keep the registration fees rolling in. Legitimate production entities can option a screenplay they're interested in for a fraction of what it would cost them to have another writer adapt it or pay for a lawyer to fight a copyright infringement accusation, especially from an unknown writer. Also, you cannot copyright an idea, so someone could take yours and fashion their own story out of it and you'd have no legal recourse, registered or not.
My manager deals with the Hollywood big boys, and will not send out a script with a WGA or LC registration number on it because it labels the writer as an amateur.
This is just FYI. Go ahead and do it if it makes you feel better.
Last edited: