Screenwriting : Register Screenplay? Copyright Screenplay? What's True? What's False? by Chuck Dudley

I never copyright until I'm sure its my FD. But I guess I shouldn't copyright <--- amateur, heh

I guess a writer fears their material will get stolen and the material then becomes a movie completely based on the written material. Characters, dialogue etc. But really what are the chances that actually happens? More likely the premise or idea will be re-executed. Since you can't copyright ideas what is the point?

Right. Someone rewrites your script 3/4 differently and you've got no case. They would have to rewrite the plot too. A copyright protects your idea, basically. My experience has been every writer likes their own ideas too much to steal someone else's. Maybe it's different closer to the inner circles of the industry where real money is on the line. I'm working with a producer who left Hollywood in part because a studio did steal one of his stories.

From the website of the U.S. Copyright Office. "The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration." So, you are not protected if you mail it to yourself.

I would respectfully disagree with 2 through 6..The registration provides a recognized day certain for the origination of the work, at least for 5 years, and is renewable. No need to refile with every draft unless you do a 180 as the overall original work( idea and theme) is registered.

Screenplays go through so many drafts. When do you decide to copyright? What if the producer wants a new revised draft or worse a page 1 rewrite ASAP? Average Processing Time for e-Filing: 2.7 months Average Processing Time for Paper Forms: 6.1 months Isn't copyrighting a screenplay overkill? Doesn't it get in the way of the entire screenwriting process?

Where/how do you register? A sold script im assuming is different than unsold. A copyright proves ur ownership. Once u sell it id think rewrites are a diff issue. @Dan, anything produced? Congrats on sales! Can I ask the ballpark?

The only reason to copyright is longevity...mucho longer...but really who cares if you can't sell it in five years plus a renewal with WGAw its probably not worth the bother..

Good to know Rog. I'd be happy to sell one 6+ years later :-D

Ed here's how yo do it:: Log onto to WGAw (assuming you are on the west coast) hit the registration tab, enter ownership data, your credit card., upload a pdf of your script, copy or write down the registration number, and in 3 weeks you get a really cool certificate.,

I am sorry, but I suggest you talk with entertainment lawyer. He will tell you otherwise then you think.

I would go with the Library of Congress. It is more concrete for protection.

From Brad Havens - thanks Brad! Hello- 1.A copyrighted screenplay is another way to tell a producer you're a novice. FALSE- A copyrighted screenplay tells the producer you have enough sense to take some basic legal protection for your work, and he will be more likely to consider reading a protected work over something which could easily land him in court. 2.Registering with the WGA only provides a timestamp of your screenplay and nothing more. FALSE While the WGA registration does not offer the same legal protection as a federal copyright, it has become accepted within the industry as an alternative step in the basic legal protection of your work. Eventually, a union produced script is both registered & copyrighted, so one or the other at the beginning is acceptable. 3.Production companies are more likely to pass if they have to transfer the rights of a copyrighted screenplay. In the case of direct acquisition (from writer to company) FALSE - how do you think the majority of screenplays are produced? Basically, you have an "in-house" developed screenplay (one they developed themselves), or it's optioned from a writer. That writer could be commissioned (company retains rights), or the script is bought (then ownership of story & characters is negotiated). 4.Non-WGA writers are not protected by the WGA so no need to register. Save your money. TRICKY QUESTION- The proof is in the protection. Even if you do not belong to the WGA, the same "protections" noted above apply. If not using the WGA, then a copyright is the alternative. I will say, however, that a lazy producer is more likely to think the writer is in the WGA if there is a WGA registration number on it, and if he likes the script, union status is just another detail, not necessarily a problem. 5.Just mail the screenplay to yourself and you’re protected. FALSE- This has been discredited in a federal court, as a mail stamp can easily be forged, whereas a copyright is a federal register. 6.If you revise your screenplay you have to apply for a new copyright.- FALSE- if you wrote it, you own it. UNLESS you hire someone else to come in and dramatically change events, characters, dialogue, etc. then the original copyright becomes subject only to the original work, and the (heavily) revised copy (with alternate writers attached) is essentially a different work entirely, and should be copyrighted to acknowledge the work of the other authors. Last note about that- essentially, in the United states, if you have the original files and can prove it, you retain copyright whether or not you register it. While legal, it is a huge hassle if you have to sue someone without it. So, if you copyright a screenplay, and then make minor revisions, don't worry about updating the copyright UNLESS you make significant changes which essentially change what the whole story is about.

Brad, very informative, thanks. Not questioning you, but what is your source? Or personal experience? Thx again.

Well done chuck.

Thanks Dan and Roger but Brad Haven's supplied the responses. Thanks Brad -- and let us know your blog.

What everyone fails to understand, and you all are correct to some degree, but shit gets stolen every day. You just don't hear about it. Just the big cases and usually after the fact a production is made. Better to be safe than sorry in at least some degree of protection.

I don't stay in US so how do I copyright my screenplay?

1. False. Registering the copyright is standard procedure. 2. True. 3. False. Buying the rights is what prodCo’s are buying. They are not buying the physical paper/words, they are buying the rights. 4. True/False. Registering your script with the WGA does not meant you are entitled to WGA rules. You need to be a member of the guild and the producer needs to agree to the guild contract to get full guild protection. However, registering your script with the WGA is not a waste of money. 5. False. Called “the poormans copyright” it offers no protection at all. 6. False/True. Check the official web site for further information.

And insurance doesn't matter until you need it. Right? There are FAQ's on both the WGA and Copyright websites, do yourself a favor and read them.

As stated by my entertainment lawyer, the only thing I need to do is copyright my work. Registering with the WGA is only coverage for a period of time and only from that point. If you register you are covered on legal grounds. The poor man's version of a copyright is to mail it to yourself. If you are going to take that route, than make sure to mail two copies to yourself. One can be opened, notarized and examined, while the other can be held for any future litigation issues. Spend the money for the copyright of the original draft and then when you think you have it nailed down in a final version register it again.

A WGA or Copyright Certificate provide proof of claim of ownership and origin. Necessary when negotiating an option. It protects the writer and the future lien holder. An option is a lien placed on the property for a specified period of time. Also, any IP lawyer will verify the poor mans copyright is no longer valid or admissible. A date stamped envelope does not authenticate a proof of claim. When I submit a requested script for potential optioning, it behooves me to ensure 1) claim of ownership, and 2) the IP is free of any liens. Also, once one has registered the first draft, whether it is the final draft or not, one does not need to re-register the revised draft, unless one changed the storyline entirely.

Do what you think is best, .... whatever......can we move on to another topic that is not so open and shut?

I'm late to this thread but I recently covered some of this info with entertainment attorney Gordon Firemark in Actors Talk Podcast Episode 24. It's free to listen to if anyone is interested. Chain of Title – Work For Hire – Copyright And Other Legal Issues for Filmmakers and Actors with L.A. Attorney Gordon Firemark - www.actorstalkpodcast.com/24 -

Daniel, very nicely put and very on point. Roger this isn't a case of do whatever is best scenario, it is about CYA and if you want to move on to another topic than suggest one.

You are absolutely correct David, it is a very important issue. That was my point. After a very long thread, much of it quite insightful, the rationale course has been established.

Tommy G. great podcast post. Thanks!

Two of us proceded with a law suit against a production co. I dropped mine to expensive the other fellow won and company went bankrupt. Copyright... register... if your gonna get screwed... it only matters if you have a good reserve of cash, and if you win ahhhh Hollywood

WGA Registration provides little to no rights what-so-ever. Copywriting is a must. As far as production companies not wanting to go through the time to purchase rights, etc... nonsense. In any 'buy' agreement, you transfer all rights held within over to the purchaser, It's as easy as a signature. A recommend that EVERYONE copyright's their work. I've seen people read a script, and then pass, then rewrite it and make the film. Armageddon was pitched to a studio, one of the execs quit, went to a rival, pitched a nearly identical film, and we got Armageddon and Deep Impact. It happens ALL the time. Be weary of your ideas.

How did you make out so far?

Lets take a moment and re-examine some of these comments. I don't give legal advice as I am a writer and not an attorney. WGA registration is a claim of AUTHORSHIP. copyright is a claim of OWNERSHIP. The key here is claim. Anyone can argue what they want. Owning a Copyright AND a WGA Registration is best as it creates a solid basis for your claim(s). It is possible to own the registration and not the copyright. For example, if you sell your copyright to another entity. You don't always sell all the rights of your project, you can hold on to certain rights if it is negotiated. I hope this helps. Register and Copyright your written material and let the universe take care of the rest. It is the cheapest form of insurance out there. The WGA lawyers are the most powerful lobby in the world. It would be wise to have them in your corner. Dave

David has explained this the best cheers!!

how you doing Dan? mark

Yes David Margulis has explained it as closely to current Intellectual Property law as it stands (as I, a film, theatrical, and photographic production professional, understand it). One little quibble... Copyright (shortened to the symbol ©) is an automatic right of any content producer. If you are a creative and you create an original work you have just created a work that is subject to copyright law. Photos, Films, Scripts, Paintings, Sculpture, and Music recordings and annotations (compositions) all qualify. Copyright registration is a step you take to ensure that the U.S. copyright office (http://copyright.gov) has registered a copy of the best version of your work so that should someone reproduce your work or create a work based off your work you can sue them and receive automatic damages. Registration of a script with the WGA is a similar process, however the WGA only provides proof of authorship on a particular date. It protects your intellectual property by providing unbiased independent third party proof that you did in fact have that original idea at that time.

Again to precede with the legal aspects of a case will cost thousands. All lawsuits I bought against production companies have countersuited me in a higher court forcing me to pay for a more expensive lawyer and defend my orginal lawsuit. The lawsuit against me was crazy and frivolous and done to spend my money when the production company had a lawyer on retainer. I went to the production company.... hat in my hand.... and said you drop your suit I'll drop mine. Hollywood has no honor and no feelings, It is a cold beast. It gives thousands for social justice but will turn around and steal your work along with your heart.

Chris that is very interesting and really good info really good

Thanks Chuck & Brad for the insight ... very explanatory.

Copyrighting a screenplay is smart. Copyrighting a novel is not.

I'm looking for writer's and actors on the East coast to create short films ,sketches really. Preferably comedy whenever possible fantasy or sci fi. The reason I say east coast is because I'm in New York and actors should be able to travel here. I want to start a group or troupe of performers, a pool to pick from so casting will be simpler and writers can eventually write characters with specific actors in mind. I'm going to post this in several different forums so know it will be showing up in other places. Writers if you interested send me a message the scripts should be three to five pages tops. Please don't tell me about stories just have them written and send me a three page copy-written script. Actors be prepared to audition in New York probably at Ripely Grier studios on 8th ave. The best person is the actor who can write or writer who can act. I'll produce (which means I'll pay for the first few) then the different members will be expected to contribute based on their level of involvement.