I absolutely do. Nothing paranoid about registering your work. In fact, some contests won't even accept unregistered scripts. I will say that I've heard registering with the Library of Congress is a better deal, but I've never done it.
Huh, I never even thought about the Library of Congress. That's a good idea! I've had great experiences with WGA West. Thanks! I don't include my registration number on scripts as some contests don't like that, but I like the peace of mind knowing my characters and stories are protected.
Hey Stephanie, it depends on where you live in regards to WGA West or East. If you choose to copyright (it is really easy to copyright by the way), just go to www.copyright.gov. I have a friend in the UK who has a script optioned here in the States and chose to copyright (per her lawyer's advice). It still should be relatively inexpensive ~$35
I think screenplays have to be registered with West, not East. If you go to the menu at the top of this page, click BROWSE, then choose RESOURCES ... SCREENWRITING, you'll open the Screenwriting Resources page. Scroll all the way down to the bottom to find SCRIPT REGISTRATION ... WRITER'S GUILD OF AMERICA WEST. That link takes you to the WGAW Registry page.
No, you're not being paranoid. First and foremost, copyright your screenplay with the Library of Congress. It is about $30 online. Next register it with the WGA online at $20. For $50 your screenplay is protected. A copyright lasts for your life + 75 years. The WGA registration is only good for 5 years, then must be reregistered. Hope this helps.
What needs to be clarified here is a copyright vs. a registration. Copyright (via the Library of Congress) certifies ownership. Registration (via the WGA) certifies authorship. Two very different things. Technically, you don't need to file your copyright with the Library of Congress. The moment you finish the work it is legally copyrighted to you. Here's the rub, however. If you sue someone for copyright infringement and you win, but you did not copyright via the LoC you cannot sue for legal costs you ensued in the fight. If you file it with LoC, you can. Technically, registration does not prove ownership, so in a court case it would only be used to prove who wrote it (authorship). http://www.copyright.gov/http://www.wgawregistry.org/webrss/
You only have to reregister with the WGA if you make real significant changes... with only basic rewrites you are fine. I would think that the same goes for the LoC, buit I may be wrong...
I always register and copyright before I even show people outside of the writing team. I had an incident about a year ago where someone came to my production company with a script. This guy said he wrote it but when we went to register it we found out it wasnt his. Of coarse we contacted the original writer and told him the story. You never know what people are going to do.
In conducting many screenwriting conferences that question always came up. It is advisable to register with the WGA before you submit anywhere as it allows you an avenue of resolution if your idea is copied or someone accuses you of the same. They support writers in this area as a valuable tool to utilize in ensuring your work is your work.
Noe, I had the exact same question! I'd hate to prematurely register a script and then get feedback and make significant changes, just to re-register the whole thing. David, thank you for the advice and links. Thank you for your advice as well Michael.
Dan's right. If you did have a claim and needed a lawyer, they would be more likely to take it if it was registered with the library of congress as even the minimum awards in court would cover their costs. The cost difference is $15.00 well worth it.
By the way, registering with both the WGA and the Library Of Congress (LOC) is really a waste of money. The LOC is the only one that is truly worth using. But if you want to pony up money to the WGA as well by all means do so. The LOC online filling fee is $35.00 at www.copyright.gov/eco/
@Illmani - Your script is protected the moment you complete the process. You will get an email confirmation immediately. The WGA also takes months to get a registration certificate. You don't have to upload every revision of your script. Only if there is significant changes to it. I always register my final draft.
If you go to the us copyright office and register with them , you can usually have it copyrighted in less than 20 minutes and costs around $35. http://www.copyright.gov/ and go to the ECO links
Copyright is permanent. WGA only holds copies of your screenplay for five years. It's still useful, however, to register, as some production companies will not accept submissions without WGA registration. And yes, it's always advisable, though contests are very good about protecting work.
A further comment, there are some producers who will absolutely refuse to look at your work unless it's registered with one or the other (some only take WGA registered work). And WGA is faster, you'll get a registration number immediately (online) while the Copyright office takes longer to get it registered.
As long as it's copyrighted... it will be accepted. I stopped registering with WGA a long time ago. Only good for five years -- copyright - 75 years. I've entered many competitions, and have judged many -- and a copyright has always been accepted;-}!
Helene's right, but if you're dealing with signatory (WGA/DGA/SAG) producers or studios, they will want WGA registration because that's the body through which any necessary arbitrations will be handled. That's why I've run into producers who want WGA registration (the Guild is there for a reason), because it's the accepted process for dispute negotiation. But for contests, yeah, Copyright is fine.
@Edward, your information is not accurate. The guild is NOT the accepted process of dispute negotiation. First and foremost, Non-WGA writers who work with Non-WGA signatory companies will get no service from the WGA. The WGA is used for ARBITRATION, (credit attribution being the main one), but has nothing to do with Copyright theft. If there is a dispute over ownership all the WGA can say is who REGISTERED material with them and when. That not a declaration of who actually CREATED and owns the material. Courts HAVE to accept evidence of US copyright from the LOC. U.S, treaty countries, must accept a federal copyright. No producer or studio would/should accept WGA over LOC copyright as it is a federal, legal declaration of creation and ownership. The WGA is not. Producers that do not accept copyright, are showing their lack of knowledge in the area. The WGA website actually states: "(WGA) Registration CAN be used as a supplement to a U.S. copyright." If you register with the LOC, you don't need the WGA registration, unless you want to, by all means, waste $20 on something you would NEVER use because LOC is the trump card. Furthermore, there has been many documented cases of the WGA siding with studios/production companies over disputed material (Google the Last Samurai as an example).
@Marvin. Thanks for the clarification, though it now I'm a bit anxious about some of the language in some of the options I've signed over the years. I thought arbitration could be used beyond assigning credit (some of the language mentions use of Binding Arbitration, which I erroneously thought was done in cooperation with the WGA and being settled according to the laws in the State of California, blah blah blah), but I guess not. But, as I said earlier, in my other incarnation on Stage 32, I always do both registrations. I'm familiar with the Last Samurai case. Indeed most of these infringement suits seem to fall in favor of the production company or studio, with WGA siding with the production company as often as not. Some of the release forms I've had to sign when submitting to signatory production companies seem very slanted in the production company's favor. And I spoke from experience when I mentioned producers not accepting submissions without WGA registration. Of course, I'm not a WGA member. I've had several contracts with clauses that would have Studio whatever pay for registration, etc. once a purchase deal was made (needless to say, none of those buy deals every materialized - always an option bridesmaid). And you're exactly right when it comes to LoC vs. WGA when dealing with non-signatory production companies. WGA registration counts for exactly zero there. So again, thanks for clearing some stuff up for me.
Not to mention... the copyright is cheaper -- and will probably outlive you -- where WGA registrations constantly have to be renewed. And, if you are a prolific writer, as I am -- with many screenplays -- it that can get pretty costly, over the years, while you're bust'n you butt trying to get them into the right hands... and eventually sold.
@Marvin. A quick question, if you're still following this thread. I recently optioned a short story for an adaptation. I can't use federal copyright on an adaptation, can I? Aren't I restricted to WGA registration only since the work I'm adapting is still in active copyright?
I'll be at a writing retreat at the WGA this weekend. It will be interesting to ask the staff this question but I just did both. If your script gets options you'll get your money back so why not copyright and register with the WGA?
Because, I-Esha, like with me, I have quite a few copyrighted screenplays. The copyright expiration will out live me. So, I've only had to pay to protect my "legal rights," one time. However, when dealing with the WGA, I believe it's still every five (5) years that the righter has to renew their registration. For someone like me, this can get pretty pricey. But, if someone were to option one of my properties -- but wanted a WGA registered first, (in 20 years this has NEVER happened) then, fine, I'd pay the fee to register it with the WGA... because I'll have more than made my money back from the fee I will be paid by the producer requesting to option my screenplay. Hope that's hopeful;-}!
WGA registration is not as legally powerful as USCO. USCO is $35 ($55 in some cases) for your life and then some, WGA is $20 for 5 years. But the most important reason to use both USCO is this: USCO may take months to complete the process; WGA takes only a few weeks.
If you ever get into a credit grab situation you'll be thankful the WGA has a copy of YOUR script. When a movie gets made your script seldom lives through the process... The producers start making changes, the director makes changes, the production company will want changes, the exec producers will want changes, the sales people will want changes... they'll bring in additional writers, directors and producers will re-write specific sections, they'll add new characters, they'll combine characters, scenes, add new lines, the actors make changes. So when it comes to who wrote it? In the real world the WGA gets involved and determines who actually wrote the script based on a lot of data, including your version, the version as shot, the version as delivered, the changes made by others, the input made by others... I advise doing some research and you'll find out just how often this happens... Everyone of ,my scripts are registered with the WGA and I may do 3 or four updates in that registration as the script develops. I also send my final script for copyright to cover other legal issues that might arise.
If you do get your script turned into a movie, you'll find in the majority of deal /options that the WGA will be the final determining party for who gets what billing as the "writer".
I believe most competitions require your script be registered. And most Producers request it be as well, or they will not read it. At least, that has been my personal experience.
Hi Stephanie. I used to register everything with the WGA. Then, when an issue arouse, all they did was submit certified proof that, in fact, that screenplay had been registered with them on what date -- and the date that is was due to expire -- information already contained on my WGA registration certificate. They also DO NOT get involved with your litigation any further than that. There are several of schools-of-thought on this issue and, since the WGA never even sends out an email reminder to us, when a script registration is about to expire, I now find myself solely copyrighting everything I've written. If a specific producer requests a WGA registration before she/he will read it, then yes... I will then file for that registration. And also, when negotiations for any of my writings looks like it's about to become a done deal. But, it depends on how many properties you have. I have quite a few, and why the WGA is a pain in the ass for me. Plus, I tend to let expiration dates go by, unintentionally. Plus, every five years can become quite pricey -- not a problem with the copyright registration that I will never outlive! Whatever you decide, do what feels best for you. And, don't be surprised if you change it up every once-in-a- while;-}!
Ms. Hilton is correct that the WGA will arbitrate credit issues for their members. For non-members they will not. Until a writer is a member of the WGA registering the script with the WGA is a waste of money. Writers should register their copyright.
Depending on how busy the US Copyright Office is, it may be seven or more months before the copyright process is complete. WGA completes their work and has a certificate in your mailbox (typically) in less than a month. If you need to show that your script either has been copyrighted or WGA registered (Inktip, for just one example), WGA is a much faster method.
@Heather: I don't know if most writing contests require it, but almost all recommend it. Frankly, I think it's extremely risky not to register it with the WGA or copyright it officially with the USCO.
James, the copyright process is complete the moment you pay the fee. It often takes months to receive the paperwork but that paperwork will reflect the date the fee was paid. WGA is faster, but doesn't offer any legal protection. So the two methods are not the same.
I am well aware that the two processes are not the same. If you had read my earlier posts, you would realize that I have provided several key differences between the two. The effective date is not the issue. Again, if you had read my earlier posts, you would know that I understand that. What I am pointing out is that a work cannot be located when doing a search (by a general member of the public) of the Library of Congress (the repository for US Copyrighted material) until the copyright process is complete. Have you ever copyrighted anything with the USCO? If so, you should be familiar with this fact.
There have been earlier posts that indicate a person cannot copyright something that involves someone else's copyright. That is not correct. In fact, it's done all the time. The online copyright process provides a means of indicating what portions of an integrated work are claimed by the applicant and which are owned by others. Furthermore, most movies use the copyrighted work of others - music. A list of titles used appears at the end of most movie credits. And one more issue I would like to address: whether someone can send a "spec" script to a TV network (cable or broadcast). This happens all the time and without either an agent or a manager. It can be done by using an entertainment lawyer or through internship/mentoring programs. CBS has one annually; the application deadline is normally May 1. Other networks have similar programs. Finally, the one thing I have not seen as of yet is the best advice for anyone considering a submission to a network: Consult a competent entertainment law/intellectual property rights specialist. They know the law and know how to make contact with networks/producers and can also guide you on the ins-and-outs of the law. The law in this area is highly complex, and anyone without a law degree and years of experience really doesn't know what he or she is talking about and may well be violating the general prohibition of non-lawyers giving legal advice.
David, I don't know why it takes so long for you when dealing with the Copyright Office. Do you electronically submit? I do, and you have instant confirmation that my screenplay is now in the hands of the Copyright Office. Then, it usually takes about four to eight weeks to actually receive the hardcopy copyright registration certificate.
Yes, I submit electronically. Last year, it only took about 4-8 weeks. I have 3 that I submitted in February. Still not completed. I have sent them email messages about it. Apparently, the wait time has dramatically increased. When was the last time you submitted an electronic application to the USCO? This may have to do with budget cuts under the sequestration.
Whoa, whoa! No, NEVER copyright a script per se! It's a huge block in the selling process. REGISTER it, sure, with the WGA etc. but copyrighting marks you out as amatuer and is a huge turn off to producers looking for an easy life, and ANY excuse to say "pass".
My point is, as a script is copyrighted to you automatically and remains with you unless you assign that copyright to someone else, it does risk coming across as paranoid (which was the question). All I am saying is check out that legality yourself before copyrighting. My advice.
I have a question, Rich: do you feel you would not have sold the scripts you have sold if you had registered the copyright? Do you believe the producer would have thought you were an amateur and not bought your screenplay because you registered the copyright? When a company buys a screenplay what the writer is doing is transferring the copyright. So it's unusual advice to say that producers see that process as the mark of an amateur. I would be cautions around a producer who expects to only read scripts that have not been registered. I do not see registering the copyright as paranoid anymore than I see signing a contract or buying car insurance as paranoid. What I find interesting is the resistance to registering the copyright to ones hard work.
I have never hear of anyone turning down a script because it's copyrighted... I'm a firm believer of copyrighting and registering it with the WGA... its not expensive to do both and pretty easy. I've optioned scripts to production companies, and both were copyrighted and registered... no one cared. I've also sold films and the distributors, like Lions Gate, want the copyright info and in fact, they will help you copyright it to make sure all the ownership is appropriate and legally squared away if you haven't done it yourself.
The only problem I have with Stage32; it's not exactly the greatest forum for playwrights as so little is said about theater. I have a play I truly believe is worthy of a production as I am an avid theater goer. I need to back track - YES! I met a woman from North Carolina, Jo Hannah who read my play; Shepsel and the Barracuda, and she gave me detailed notes fixing up the grammar as well as plot points all for free! I intend to hire Jo as a consultant on my next play; The Monkey, Moma, and Me. Thanks Stage32!!!
I doubt any producer is going to purchase a script before making sure the person who is selling the script has legal rights to do so (by being the current copyright owner). It's a lot like buying a house or a car - someone is going to want to see a title policy, do a title search, etc.
It's not so much the fact that someone is due the copyright, but the ability to legally prove it. Mr. James, can I take "None that were copyrighted to. QED." to mean that you have never sold or optioned a script? Otherwise, it would be very easy to provide the name of one of them.
Let me see. I have looked through lots of rules for screenwriting contests. I don't remember a single one that doesn't recommend either WGA registration or US copyrighting. I also don't remember one that requires it either; in essence, the contest administrators are saying, "we warned you". Inktip does require all feature scripts to have either WGA registration or a copyright. And there are a huge number of small producers who look through the script information on that service. Is Inktip paranoid? There are lots of produced scripts available for free online. I don't recall ever seeing one that didn't have a copyright notice on the first (title) page. Are these writers paranoid?
I think what Mr. James may have seen is a caution in some guidelines for submitting scripts to producers. This caution indicates that producers don't like being told that a material is copyrighted because they presume it is. However, I believe those guidelines were written quite some time ago and are outdated - I can't even find a copy of the material I saw it in. So I don't think that guideline is heeded anymore. Times do change.
Straight from the horse's mouth: How long does the registration process take, and when will I receive my certificate? The time the Copyright Office requires to process an application varies, depending on the number of applications the Office is receiving and clearing at the time of submission and the extent of questions associated with the application. Current processing times are: Processing Time for e-Filing: generally, 3 to 5 months Source: http://www.copyright.gov/help/faq/faq-what.html#certificate
The reason I decided to file both at the USCO and WGA is this: One USCO filing in January 2014; two USCO filings in February 2014; two USCO filings in May 2014. All of them are still classified as "open". It was not this slow in 2012 and 2013. All of my WGA registrations came back in less than a month.
Perhaps this is where Mr. James got his misinformation: "Should you register with both a WGA branch and the Copyright Office? No, that's overkill. If you put both notices on your script, readers might think you're an amateur or slightly paranoid." (This is a dated article - back then, copyrights were only $30!) From: http://www.writersstore.com/protecting-your-script/ There are also discussions of this topic (from quite some time ago) on DoneDealPro's message board. On The Black List's message board, I found this: "Also, in general, don’t put the registrations on the cover page. Screams out amateur and people might refuse to read it. It’s always assumed you’ve registered it somewhere. Logic being if you’re so paranoid about theft that you put the registration on the cover you are most likely to sue later because you 'perceive' some of your ideas are showing up in another project." I think the poster was referring to registrations (such as from WGA and others which provide a similar service), and not a copyright notice. From: http://theblackboard.blcklst.com/forums/topic/how-do-you-protect-your-wo...
I can only speak from personal experience, but since I was dealing with a legit producer, with 10 multi- million dollar features under her belt, I can only assume this is the norm. When this producer bought my feature from me, one of the pages I had to sign was a transfer of copyright. Once signed I no longer became the owner of the screenplay, but rather a "work for hire. " This, from what I gather, is the standard. For you to be in the WGA, you cannot own the material. Owning it makes you the boss. Bosses can't unionize. Understand, this is strictly an American thing. I head it's different in Europe. On the form I signed, was a spot to enter in the copyright number. This form is filed with the Library of Congress. Now, the producer owns it. Generally if you don't have it copyrighted, they will ask you to do so, so they can transfer the title to themselves. What they don't want is a legal battle over ownership. They demand a clean transfer.
Well put, David. I optioned my first screenplay this weekend, and I think I was too impulsive to think with a clear head. I guess I should be happy that a producer found merit in the screenplay because a lot of people on Stage 32 had notes concerning the screenplay. Time will tell if I made the right decision. I have two copyrights on Blood Justice, so I'm not gonna take a negative stance, and think the Producer does not have integrity.
David, that is my experience, too. Which makes me even more curious to hear Rich's experience - the writer who says that registering a screenplay is the the sign of an amateur.
You always copyright and register. You just don't put the registration number on the cover page. That is amateurish. Every producers assumes you are smart enough to protect yourself.
There are only two types of notes that matter: those from a producer, and those from a bank. I hope you received a lot of bank notes for your script! Congratulations on the option!
You know, the last time I heard or saw anyone use the expression, "QED", it was in a high school geometry class. Even my college math teachers didn't use it. "I'm just saying...."
Thanks James. I'm a little bit overwhelmed today. Yesterday I received notes on my next screenplay, and I truly don't know were to start. I guess I need to chill out. It was only the first draft. I'm going to try, and write in two mediums. In the morning I work on my play, and in the afternoon; the screenplay. I've never done his before, but I simply don't want to let the play go right now because I feel this is my signature play. Wish me luck, James.
Best of luck! Don't presume you have to do every note. Some of them will make perfect sense - like a typo that was spotted or something that simply makes sense to do. And others may be questionable. Try to give the producer the benefit of the doubt; he or she is putting up the money and taking a big risk. MOST producers are just trying to make sure the project is marketable. (There are a few lunatics out there!) After you've had time to digest the notes and address as many of them as you can, those that you're having a hard time with, I suggest you meet face-to-face with the producer and ask him or her what he or she is trying to accomplish. Tell him or her that you are trying to understand so that you can meet his or her needs in the best way possible. There are notes that just won't work. Try to diplomatically let the producer know that for such notes - and make sure you can defend your reasoning. Sometimes rewording or additions to the script will show the producer that a certain change is not needed.d If you have built up a rapport with the producer, you'll probably be able to work out something. And, once again, best of luck!
Hey James, I think I'm guilty of not being specific. It's not my screenplay that was optioned I received notes on, but my next screenplay; The Strega and the Hit Man from my script consultant. Shit! I don't know where to start?? Some of his notes I don't agree with. You think I should call my consultant, and discuss it with him? Or should I just relax, and be thankful for these notes. I must admit the guy knows his stuff. Funny thing. All the things I thought were great; he said needed work, and then the things I thought sucked he praised me for. It's 6:15 a.m. in Jersey. I think I'll go smoke a cigar, and talk to God.
You need to pick yourself up after that cigar, and read through those well meaning notes... taking your time to absorb. Once you get into the flow of it, you will be surprised how easily it will run.... You could talk face to face and get a deeper insight to what he meant by what he said, that wouldn't do any harm by the sound of it. How fortunate you are, go for it, you can do it....
@William - here is my good and considered counsel - and may it find you in good stead - Yet here! aboard, aboard, for shame! The wind sits in the shoulder of your sail, And you are stay’d for. There; my blessing with thee! And these few precepts in thy memory See thou character. Give thy thoughts no tongue, Nor any unproportioned thought his act. Be thou familiar, but by no means vulgar. Those friends thou hast, and their adoption tried, Grapple them to thy soul with hoops of steel; But do not dull thy palm with entertainment Of each new-hatch’d, unfledged comrade. Beware Of entrance to a quarrel, but being in, Bear’t that the opposed may beware of thee. Give every man thy ear, but few thy voice; Take each man’s censure, but reserve thy judgment. Costly thy habit as thy purse can buy, But not express’d in fancy; rich, not gaudy; For the apparel oft proclaims the man, And they in France of the best rank and station Are of a most select and generous chief in that. Neither a borrower nor a lender be; or loan oft loses both itself and friend, And borrowing dulls the edge of husbandry. This above all: to thine ownself be true, And it must follow, as the night the day, Thou canst not then be false to any man. Farewell: my blessing season this in thee! You are welcome to quote me, should you deem that appropriate. Hence I go to both USCO and WGA announce.
Standing Ovation..... GRAPPLE THEM TO THY SOUL WITH HOOPS OF STEEL....I sound pretty impressive saying that with a broad Scottish accent. I would love to hear you speak those words...
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I absolutely do. Nothing paranoid about registering your work. In fact, some contests won't even accept unregistered scripts. I will say that I've heard registering with the Library of Congress is a better deal, but I've never done it.
I register it with either WGA or the copyright office.
Huh, I never even thought about the Library of Congress. That's a good idea! I've had great experiences with WGA West. Thanks! I don't include my registration number on scripts as some contests don't like that, but I like the peace of mind knowing my characters and stories are protected.
InkTip requires that you register scripts before listing with them.
I always do.
I do and some make is mandatory.
I read from the Brass Brad that you absolutely should, so I did. I d
Always register. Better to be safe.
Thanks everyone! Now the fun question, WGA West or East? :)
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West, it's like $20. I'll be down there for a writing retreat the 13-14, pretty awesome place. They even hold classes throughout the month.
Hey Stephanie, it depends on where you live in regards to WGA West or East. If you choose to copyright (it is really easy to copyright by the way), just go to www.copyright.gov. I have a friend in the UK who has a script optioned here in the States and chose to copyright (per her lawyer's advice). It still should be relatively inexpensive ~$35
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Copyright is far more better than registering with the WGA as you are protected by the government.
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to be honest I registered with the WGA and did a copyright. The industry wants WGA so that's just want you to register.
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I think screenplays have to be registered with West, not East. If you go to the menu at the top of this page, click BROWSE, then choose RESOURCES ... SCREENWRITING, you'll open the Screenwriting Resources page. Scroll all the way down to the bottom to find SCRIPT REGISTRATION ... WRITER'S GUILD OF AMERICA WEST. That link takes you to the WGAW Registry page.
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Thank you Noe... I stand corrected. WGA West for screenplays : )
Yes. It's 20 bucks worth spending.
Hmmm, I think I might do my next registration with the copyright office. It lasts longer, too, doesn't it?
Well, the WGA registrations are only like 3 years, right? So yeah, that seems huge.
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No, you're not being paranoid. First and foremost, copyright your screenplay with the Library of Congress. It is about $30 online. Next register it with the WGA online at $20. For $50 your screenplay is protected. A copyright lasts for your life + 75 years. The WGA registration is only good for 5 years, then must be reregistered. Hope this helps.
What needs to be clarified here is a copyright vs. a registration. Copyright (via the Library of Congress) certifies ownership. Registration (via the WGA) certifies authorship. Two very different things. Technically, you don't need to file your copyright with the Library of Congress. The moment you finish the work it is legally copyrighted to you. Here's the rub, however. If you sue someone for copyright infringement and you win, but you did not copyright via the LoC you cannot sue for legal costs you ensued in the fight. If you file it with LoC, you can. Technically, registration does not prove ownership, so in a court case it would only be used to prove who wrote it (authorship). http://www.copyright.gov/ http://www.wgawregistry.org/webrss/
Very interesting differences, David. Thanks.
I have another question ...if you register and/or copyright a script, then revise it, do you have to register/copyright all over again?
You only have to reregister with the WGA if you make real significant changes... with only basic rewrites you are fine. I would think that the same goes for the LoC, buit I may be wrong...
I always register and copyright before I even show people outside of the writing team. I had an incident about a year ago where someone came to my production company with a script. This guy said he wrote it but when we went to register it we found out it wasnt his. Of coarse we contacted the original writer and told him the story. You never know what people are going to do.
In conducting many screenwriting conferences that question always came up. It is advisable to register with the WGA before you submit anywhere as it allows you an avenue of resolution if your idea is copied or someone accuses you of the same. They support writers in this area as a valuable tool to utilize in ensuring your work is your work.
Noe, I had the exact same question! I'd hate to prematurely register a script and then get feedback and make significant changes, just to re-register the whole thing. David, thank you for the advice and links. Thank you for your advice as well Michael.
Dan's right. If you did have a claim and needed a lawyer, they would be more likely to take it if it was registered with the library of congress as even the minimum awards in court would cover their costs. The cost difference is $15.00 well worth it.
Yes. It will close when the copyright is issued (around 6 months).
By the way, registering with both the WGA and the Library Of Congress (LOC) is really a waste of money. The LOC is the only one that is truly worth using. But if you want to pony up money to the WGA as well by all means do so. The LOC online filling fee is $35.00 at www.copyright.gov/eco/
@Illmani - Your script is protected the moment you complete the process. You will get an email confirmation immediately. The WGA also takes months to get a registration certificate. You don't have to upload every revision of your script. Only if there is significant changes to it. I always register my final draft.
If you go to the us copyright office and register with them , you can usually have it copyrighted in less than 20 minutes and costs around $35. http://www.copyright.gov/ and go to the ECO links
you can also mail it to yourself and never open it. Woks just as well.
@darren. That method while true is not effective.
I definitely register them before I give tthem out to ANYONE.. its a small priice to pay for ease of mind.
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It was the first thing I did when I finished it. Why take a chance like that?
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The smartest thing you can do!!!!
I dip all my scripts in delicious milk chocolate, and I don't eat them until they sell. Okay, yeah, that made no sense.
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Do not skip that step. That'll be the biggest mistake you or anyone can make.
From what I have read, it's always copyright over WGA. There are numerous cases of where copyright has been proven and won over WGA registry.
Copyright is permanent. WGA only holds copies of your screenplay for five years. It's still useful, however, to register, as some production companies will not accept submissions without WGA registration. And yes, it's always advisable, though contests are very good about protecting work.
But isn't it a lot of money to register with WGA? I was always told not to register unless I was becoming "big time" for lack of a better term.
@Adrienne. That's very bad advice. Always COPYRIGHT your work with the Library of Congress (LOC).
I do both. It's only 20 dollars for WGA. WGA for marketing, and Copyright (slightly more expensive) for my own extended protection.
A further comment, there are some producers who will absolutely refuse to look at your work unless it's registered with one or the other (some only take WGA registered work). And WGA is faster, you'll get a registration number immediately (online) while the Copyright office takes longer to get it registered.
Hi, of course with Library of Congress. I was speaking to WGA specifically.
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As long as it's copyrighted... it will be accepted. I stopped registering with WGA a long time ago. Only good for five years -- copyright - 75 years. I've entered many competitions, and have judged many -- and a copyright has always been accepted;-}!
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Helene's right, but if you're dealing with signatory (WGA/DGA/SAG) producers or studios, they will want WGA registration because that's the body through which any necessary arbitrations will be handled. That's why I've run into producers who want WGA registration (the Guild is there for a reason), because it's the accepted process for dispute negotiation. But for contests, yeah, Copyright is fine.
Helpful, thanks Helene and Edward.
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@Edward, your information is not accurate. The guild is NOT the accepted process of dispute negotiation. First and foremost, Non-WGA writers who work with Non-WGA signatory companies will get no service from the WGA. The WGA is used for ARBITRATION, (credit attribution being the main one), but has nothing to do with Copyright theft. If there is a dispute over ownership all the WGA can say is who REGISTERED material with them and when. That not a declaration of who actually CREATED and owns the material. Courts HAVE to accept evidence of US copyright from the LOC. U.S, treaty countries, must accept a federal copyright. No producer or studio would/should accept WGA over LOC copyright as it is a federal, legal declaration of creation and ownership. The WGA is not. Producers that do not accept copyright, are showing their lack of knowledge in the area. The WGA website actually states: "(WGA) Registration CAN be used as a supplement to a U.S. copyright." If you register with the LOC, you don't need the WGA registration, unless you want to, by all means, waste $20 on something you would NEVER use because LOC is the trump card. Furthermore, there has been many documented cases of the WGA siding with studios/production companies over disputed material (Google the Last Samurai as an example).
@Marvin. Thanks for the clarification, though it now I'm a bit anxious about some of the language in some of the options I've signed over the years. I thought arbitration could be used beyond assigning credit (some of the language mentions use of Binding Arbitration, which I erroneously thought was done in cooperation with the WGA and being settled according to the laws in the State of California, blah blah blah), but I guess not. But, as I said earlier, in my other incarnation on Stage 32, I always do both registrations. I'm familiar with the Last Samurai case. Indeed most of these infringement suits seem to fall in favor of the production company or studio, with WGA siding with the production company as often as not. Some of the release forms I've had to sign when submitting to signatory production companies seem very slanted in the production company's favor. And I spoke from experience when I mentioned producers not accepting submissions without WGA registration. Of course, I'm not a WGA member. I've had several contracts with clauses that would have Studio whatever pay for registration, etc. once a purchase deal was made (needless to say, none of those buy deals every materialized - always an option bridesmaid). And you're exactly right when it comes to LoC vs. WGA when dealing with non-signatory production companies. WGA registration counts for exactly zero there. So again, thanks for clearing some stuff up for me.
Excellently put, Marvin. Couldn't, and obviously didn't, say it better myself;-}!
Not to mention... the copyright is cheaper -- and will probably outlive you -- where WGA registrations constantly have to be renewed. And, if you are a prolific writer, as I am -- with many screenplays -- it that can get pretty costly, over the years, while you're bust'n you butt trying to get them into the right hands... and eventually sold.
Personally I register because some production companies refuse to read unless the script is copyrighted.
@Marvin. A quick question, if you're still following this thread. I recently optioned a short story for an adaptation. I can't use federal copyright on an adaptation, can I? Aren't I restricted to WGA registration only since the work I'm adapting is still in active copyright?
You can register it with the LOC. There is a section which asks if your work is based or derived from original material.
I'll be at a writing retreat at the WGA this weekend. It will be interesting to ask the staff this question but I just did both. If your script gets options you'll get your money back so why not copyright and register with the WGA?
Because, I-Esha, like with me, I have quite a few copyrighted screenplays. The copyright expiration will out live me. So, I've only had to pay to protect my "legal rights," one time. However, when dealing with the WGA, I believe it's still every five (5) years that the righter has to renew their registration. For someone like me, this can get pretty pricey. But, if someone were to option one of my properties -- but wanted a WGA registered first, (in 20 years this has NEVER happened) then, fine, I'd pay the fee to register it with the WGA... because I'll have more than made my money back from the fee I will be paid by the producer requesting to option my screenplay. Hope that's hopeful;-}!
I just got back from the WGA last night. Both are recommended but up to the writer.
WGA registration is not as legally powerful as USCO. USCO is $35 ($55 in some cases) for your life and then some, WGA is $20 for 5 years. But the most important reason to use both USCO is this: USCO may take months to complete the process; WGA takes only a few weeks.
Both are effective from the date you submit, but completing the application is more comforting to me.
By the way, you definitely need to do one or the other or both before anyone sees your script.
i always recommend doing both.
Why, Ms. Hilton? What does WGA registration cover that the official copyright registration does not?
If you ever get into a credit grab situation you'll be thankful the WGA has a copy of YOUR script. When a movie gets made your script seldom lives through the process... The producers start making changes, the director makes changes, the production company will want changes, the exec producers will want changes, the sales people will want changes... they'll bring in additional writers, directors and producers will re-write specific sections, they'll add new characters, they'll combine characters, scenes, add new lines, the actors make changes. So when it comes to who wrote it? In the real world the WGA gets involved and determines who actually wrote the script based on a lot of data, including your version, the version as shot, the version as delivered, the changes made by others, the input made by others... I advise doing some research and you'll find out just how often this happens... Everyone of ,my scripts are registered with the WGA and I may do 3 or four updates in that registration as the script develops. I also send my final script for copyright to cover other legal issues that might arise.
If you do get your script turned into a movie, you'll find in the majority of deal /options that the WGA will be the final determining party for who gets what billing as the "writer".
I believe most competitions require your script be registered. And most Producers request it be as well, or they will not read it. At least, that has been my personal experience.
Hi Stephanie. I used to register everything with the WGA. Then, when an issue arouse, all they did was submit certified proof that, in fact, that screenplay had been registered with them on what date -- and the date that is was due to expire -- information already contained on my WGA registration certificate. They also DO NOT get involved with your litigation any further than that. There are several of schools-of-thought on this issue and, since the WGA never even sends out an email reminder to us, when a script registration is about to expire, I now find myself solely copyrighting everything I've written. If a specific producer requests a WGA registration before she/he will read it, then yes... I will then file for that registration. And also, when negotiations for any of my writings looks like it's about to become a done deal. But, it depends on how many properties you have. I have quite a few, and why the WGA is a pain in the ass for me. Plus, I tend to let expiration dates go by, unintentionally. Plus, every five years can become quite pricey -- not a problem with the copyright registration that I will never outlive! Whatever you decide, do what feels best for you. And, don't be surprised if you change it up every once-in-a- while;-}!
Ms. Hilton is correct that the WGA will arbitrate credit issues for their members. For non-members they will not. Until a writer is a member of the WGA registering the script with the WGA is a waste of money. Writers should register their copyright.
Depending on how busy the US Copyright Office is, it may be seven or more months before the copyright process is complete. WGA completes their work and has a certificate in your mailbox (typically) in less than a month. If you need to show that your script either has been copyrighted or WGA registered (Inktip, for just one example), WGA is a much faster method.
@Heather: I don't know if most writing contests require it, but almost all recommend it. Frankly, I think it's extremely risky not to register it with the WGA or copyright it officially with the USCO.
James, the copyright process is complete the moment you pay the fee. It often takes months to receive the paperwork but that paperwork will reflect the date the fee was paid. WGA is faster, but doesn't offer any legal protection. So the two methods are not the same.
I am well aware that the two processes are not the same. If you had read my earlier posts, you would realize that I have provided several key differences between the two. The effective date is not the issue. Again, if you had read my earlier posts, you would know that I understand that. What I am pointing out is that a work cannot be located when doing a search (by a general member of the public) of the Library of Congress (the repository for US Copyrighted material) until the copyright process is complete. Have you ever copyrighted anything with the USCO? If so, you should be familiar with this fact.
There have been earlier posts that indicate a person cannot copyright something that involves someone else's copyright. That is not correct. In fact, it's done all the time. The online copyright process provides a means of indicating what portions of an integrated work are claimed by the applicant and which are owned by others. Furthermore, most movies use the copyrighted work of others - music. A list of titles used appears at the end of most movie credits. And one more issue I would like to address: whether someone can send a "spec" script to a TV network (cable or broadcast). This happens all the time and without either an agent or a manager. It can be done by using an entertainment lawyer or through internship/mentoring programs. CBS has one annually; the application deadline is normally May 1. Other networks have similar programs. Finally, the one thing I have not seen as of yet is the best advice for anyone considering a submission to a network: Consult a competent entertainment law/intellectual property rights specialist. They know the law and know how to make contact with networks/producers and can also guide you on the ins-and-outs of the law. The law in this area is highly complex, and anyone without a law degree and years of experience really doesn't know what he or she is talking about and may well be violating the general prohibition of non-lawyers giving legal advice.
David, I don't know why it takes so long for you when dealing with the Copyright Office. Do you electronically submit? I do, and you have instant confirmation that my screenplay is now in the hands of the Copyright Office. Then, it usually takes about four to eight weeks to actually receive the hardcopy copyright registration certificate.
Yes, I submit electronically. Last year, it only took about 4-8 weeks. I have 3 that I submitted in February. Still not completed. I have sent them email messages about it. Apparently, the wait time has dramatically increased. When was the last time you submitted an electronic application to the USCO? This may have to do with budget cuts under the sequestration.
Whoa, whoa! No, NEVER copyright a script per se! It's a huge block in the selling process. REGISTER it, sure, with the WGA etc. but copyrighting marks you out as amatuer and is a huge turn off to producers looking for an easy life, and ANY excuse to say "pass".
Perhaps you could enlighten us as to which screenplays you've had produced.
None that were copyrighted. QED. :)
My point is, as a script is copyrighted to you automatically and remains with you unless you assign that copyright to someone else, it does risk coming across as paranoid (which was the question). All I am saying is check out that legality yourself before copyrighting. My advice.
I've never come across the need to pay to copyright your script before entering a comp. I sure don't think there's any risk either.
I have a question, Rich: do you feel you would not have sold the scripts you have sold if you had registered the copyright? Do you believe the producer would have thought you were an amateur and not bought your screenplay because you registered the copyright? When a company buys a screenplay what the writer is doing is transferring the copyright. So it's unusual advice to say that producers see that process as the mark of an amateur. I would be cautions around a producer who expects to only read scripts that have not been registered. I do not see registering the copyright as paranoid anymore than I see signing a contract or buying car insurance as paranoid. What I find interesting is the resistance to registering the copyright to ones hard work.
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I have never hear of anyone turning down a script because it's copyrighted... I'm a firm believer of copyrighting and registering it with the WGA... its not expensive to do both and pretty easy. I've optioned scripts to production companies, and both were copyrighted and registered... no one cared. I've also sold films and the distributors, like Lions Gate, want the copyright info and in fact, they will help you copyright it to make sure all the ownership is appropriate and legally squared away if you haven't done it yourself.
The only problem I have with Stage32; it's not exactly the greatest forum for playwrights as so little is said about theater. I have a play I truly believe is worthy of a production as I am an avid theater goer. I need to back track - YES! I met a woman from North Carolina, Jo Hannah who read my play; Shepsel and the Barracuda, and she gave me detailed notes fixing up the grammar as well as plot points all for free! I intend to hire Jo as a consultant on my next play; The Monkey, Moma, and Me. Thanks Stage32!!!
Was this thread a discussion based upon the merits of copyrights versus WGA registration?
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I doubt any producer is going to purchase a script before making sure the person who is selling the script has legal rights to do so (by being the current copyright owner). It's a lot like buying a house or a car - someone is going to want to see a title policy, do a title search, etc.
It's not so much the fact that someone is due the copyright, but the ability to legally prove it. Mr. James, can I take "None that were copyrighted to. QED." to mean that you have never sold or optioned a script? Otherwise, it would be very easy to provide the name of one of them.
Let me see. I have looked through lots of rules for screenwriting contests. I don't remember a single one that doesn't recommend either WGA registration or US copyrighting. I also don't remember one that requires it either; in essence, the contest administrators are saying, "we warned you". Inktip does require all feature scripts to have either WGA registration or a copyright. And there are a huge number of small producers who look through the script information on that service. Is Inktip paranoid? There are lots of produced scripts available for free online. I don't recall ever seeing one that didn't have a copyright notice on the first (title) page. Are these writers paranoid?
I think what Mr. James may have seen is a caution in some guidelines for submitting scripts to producers. This caution indicates that producers don't like being told that a material is copyrighted because they presume it is. However, I believe those guidelines were written quite some time ago and are outdated - I can't even find a copy of the material I saw it in. So I don't think that guideline is heeded anymore. Times do change.
Straight from the horse's mouth: How long does the registration process take, and when will I receive my certificate? The time the Copyright Office requires to process an application varies, depending on the number of applications the Office is receiving and clearing at the time of submission and the extent of questions associated with the application. Current processing times are: Processing Time for e-Filing: generally, 3 to 5 months Source: http://www.copyright.gov/help/faq/faq-what.html#certificate
The reason I decided to file both at the USCO and WGA is this: One USCO filing in January 2014; two USCO filings in February 2014; two USCO filings in May 2014. All of them are still classified as "open". It was not this slow in 2012 and 2013. All of my WGA registrations came back in less than a month.
Perhaps this is where Mr. James got his misinformation: "Should you register with both a WGA branch and the Copyright Office? No, that's overkill. If you put both notices on your script, readers might think you're an amateur or slightly paranoid." (This is a dated article - back then, copyrights were only $30!) From: http://www.writersstore.com/protecting-your-script/ There are also discussions of this topic (from quite some time ago) on DoneDealPro's message board. On The Black List's message board, I found this: "Also, in general, don’t put the registrations on the cover page. Screams out amateur and people might refuse to read it. It’s always assumed you’ve registered it somewhere. Logic being if you’re so paranoid about theft that you put the registration on the cover you are most likely to sue later because you 'perceive' some of your ideas are showing up in another project." I think the poster was referring to registrations (such as from WGA and others which provide a similar service), and not a copyright notice. From: http://theblackboard.blcklst.com/forums/topic/how-do-you-protect-your-wo...
I can only speak from personal experience, but since I was dealing with a legit producer, with 10 multi- million dollar features under her belt, I can only assume this is the norm. When this producer bought my feature from me, one of the pages I had to sign was a transfer of copyright. Once signed I no longer became the owner of the screenplay, but rather a "work for hire. " This, from what I gather, is the standard. For you to be in the WGA, you cannot own the material. Owning it makes you the boss. Bosses can't unionize. Understand, this is strictly an American thing. I head it's different in Europe. On the form I signed, was a spot to enter in the copyright number. This form is filed with the Library of Congress. Now, the producer owns it. Generally if you don't have it copyrighted, they will ask you to do so, so they can transfer the title to themselves. What they don't want is a legal battle over ownership. They demand a clean transfer.
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Well put, David. I optioned my first screenplay this weekend, and I think I was too impulsive to think with a clear head. I guess I should be happy that a producer found merit in the screenplay because a lot of people on Stage 32 had notes concerning the screenplay. Time will tell if I made the right decision. I have two copyrights on Blood Justice, so I'm not gonna take a negative stance, and think the Producer does not have integrity.
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Almost every Producer I can think of REQUIRES your script to be registered.
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David, that is my experience, too. Which makes me even more curious to hear Rich's experience - the writer who says that registering a screenplay is the the sign of an amateur.
You always copyright and register. You just don't put the registration number on the cover page. That is amateurish. Every producers assumes you are smart enough to protect yourself.
There are only two types of notes that matter: those from a producer, and those from a bank. I hope you received a lot of bank notes for your script! Congratulations on the option!
You know, the last time I heard or saw anyone use the expression, "QED", it was in a high school geometry class. Even my college math teachers didn't use it. "I'm just saying...."
Thanks James. I'm a little bit overwhelmed today. Yesterday I received notes on my next screenplay, and I truly don't know were to start. I guess I need to chill out. It was only the first draft. I'm going to try, and write in two mediums. In the morning I work on my play, and in the afternoon; the screenplay. I've never done his before, but I simply don't want to let the play go right now because I feel this is my signature play. Wish me luck, James.
Best of luck! Don't presume you have to do every note. Some of them will make perfect sense - like a typo that was spotted or something that simply makes sense to do. And others may be questionable. Try to give the producer the benefit of the doubt; he or she is putting up the money and taking a big risk. MOST producers are just trying to make sure the project is marketable. (There are a few lunatics out there!) After you've had time to digest the notes and address as many of them as you can, those that you're having a hard time with, I suggest you meet face-to-face with the producer and ask him or her what he or she is trying to accomplish. Tell him or her that you are trying to understand so that you can meet his or her needs in the best way possible. There are notes that just won't work. Try to diplomatically let the producer know that for such notes - and make sure you can defend your reasoning. Sometimes rewording or additions to the script will show the producer that a certain change is not needed.d If you have built up a rapport with the producer, you'll probably be able to work out something. And, once again, best of luck!
Hey James, I think I'm guilty of not being specific. It's not my screenplay that was optioned I received notes on, but my next screenplay; The Strega and the Hit Man from my script consultant. Shit! I don't know where to start?? Some of his notes I don't agree with. You think I should call my consultant, and discuss it with him? Or should I just relax, and be thankful for these notes. I must admit the guy knows his stuff. Funny thing. All the things I thought were great; he said needed work, and then the things I thought sucked he praised me for. It's 6:15 a.m. in Jersey. I think I'll go smoke a cigar, and talk to God.
You need to pick yourself up after that cigar, and read through those well meaning notes... taking your time to absorb. Once you get into the flow of it, you will be surprised how easily it will run.... You could talk face to face and get a deeper insight to what he meant by what he said, that wouldn't do any harm by the sound of it. How fortunate you are, go for it, you can do it....
"Television? The word is half Latin and half Greek. No good can come of it." - C. P. Scott
@William - here is my good and considered counsel - and may it find you in good stead - Yet here! aboard, aboard, for shame! The wind sits in the shoulder of your sail, And you are stay’d for. There; my blessing with thee! And these few precepts in thy memory See thou character. Give thy thoughts no tongue, Nor any unproportioned thought his act. Be thou familiar, but by no means vulgar. Those friends thou hast, and their adoption tried, Grapple them to thy soul with hoops of steel; But do not dull thy palm with entertainment Of each new-hatch’d, unfledged comrade. Beware Of entrance to a quarrel, but being in, Bear’t that the opposed may beware of thee. Give every man thy ear, but few thy voice; Take each man’s censure, but reserve thy judgment. Costly thy habit as thy purse can buy, But not express’d in fancy; rich, not gaudy; For the apparel oft proclaims the man, And they in France of the best rank and station Are of a most select and generous chief in that. Neither a borrower nor a lender be; or loan oft loses both itself and friend, And borrowing dulls the edge of husbandry. This above all: to thine ownself be true, And it must follow, as the night the day, Thou canst not then be false to any man. Farewell: my blessing season this in thee! You are welcome to quote me, should you deem that appropriate. Hence I go to both USCO and WGA announce.
Cigars - Worked for Groucho Marx and ML!
Standing Ovation..... GRAPPLE THEM TO THY SOUL WITH HOOPS OF STEEL....I sound pretty impressive saying that with a broad Scottish accent. I would love to hear you speak those words...
With a Texas accent? Hoops of Steel! That sounds like my kind of woman - a woman born to grapple! ;-)
Grapple not, let ye be grappled!
I just heard your lovely accent... Do you take song requests?
Hey Stephanie, can you sing Volare???
Stephanie - Always.