On Writing : Always register works of performing arts with the Copyright Office by David M. Adler

David M. Adler

Always register works of performing arts with the Copyright Office

Got a call from a prospective client the other day with a concern that someone was creating a TV show based on a story idea she'd conceived. "You have a script, right?" I asked. Yes, she had a script. "You registered the copyright in the script, right?" was my next question. Her response, "of course." What came next was disappointing but not surprising: she'd registered her script with the WGA, not the U.S. Copyright Office.

Don't make this same mistake. Always register Scripts, Bibles, Treatments, notes from "workshops," or any other creative materials, with the U.S. Copyright Office because you cannot enforce your copyright rights without that registration. More here: https://www.copyright.gov/registration/performing-arts/

Performing Arts
Performing Arts
Works of the performing arts are works that are intended to be performed for an audience.
Morgan Aitken

Scary but important info!

Maurice Vaughan

Great advice, David M. Adler ("Always register Scripts, Bibles, Treatments, notes from "workshops," or any other creative materials, with the U.S. Copyright Office"). I stopped registering my work with the WGA. I only use the U.S. Copyright Office.

Morgan Aitken

Wow, I didn't know you stopped using the WGA registration service Maurice Vaughan but I can see why. I assume you are American and in the USA, so the US Copyright Office would make sense for you. But what about us poor sods stuck in third-world shit holes?

Shellie Schmals

Thank you David for the great advice!

Maurice Vaughan

People who live outside of the U.S. can register their work with the U.S. Copyright Office, Morgan Aitken.

https://www.copyright.gov/help/faq/faq-who.html

https://copyrightalliance.org/faqs/who-can-register-at-copyright-office/#

David M. Adler

Maurice, yes! Thanks!

Maurice Vaughan

You're welcome, David M. Adler.

Morgan Aitken

Here, here! I second the "thanks for the info" Maurice Vaughan -- I guess it protects one in The USA, which is, after all where the real market is. Outside the first world, anything of value will be ripped off regardless of protections.

Jeelan Syed

Yeah, I'm aware of this, but here is a question I always wondered. Has anyone successfully used the copyright-registered work and stopped it from getting stolen?

Maurice Vaughan

You're welcome, Morgan Aitken. Creatives get ripped off in the U.S. as well, but I'm not sure how it compares to creatives outside of the U.S. getting ripped off. Nonetheless, it's better to have the protection of the U.S. Copyright Office whether you live in the U.S. or outside of the U.S.

Morgan Aitken

Brilliant question Jeelan Syed ! I am really hoping for an answer on this one. Anything to add David M. Adler ?

Debbie Elicksen

I have a question for this feed, and please pardon my ignorance on this (transitioning from books to screenplays). If I live in Canada, I can register a screenplay here, but if I did, do I still have to register it in the US? I imagine this question is the same for anyone living outside the US in other countries.

Maurice Vaughan

That's a great question, Debbie Elicksen. I'm not sure, but if no one's able to answer it, you could contact the copyright office in Canada or the U.S. Copyright Office.

David M. Adler

Hi Morgan Aitken Jeelan Syed Good question. I think it’s impossible to say how many works have not been stolen because the existence of a registered copyright deterred the theft. What I can say is that the scope of protection/infringement for any work is highly facts and circumstances dependent. In Film/TV I think scenes-a-faire related scope issues make it difficult for smaller or less established creatives to protect their rights/ideas. That being said, the starting point for protection is ALWAYS copyright registration.

Jeff E. Gregory

Woohoo! I have an ally here on Stage32.com! I've been harping on this since Day One!

Debbie Elicksen

Maurice Vaughan Thanks Maurice. I believe when I am ready, I will do that first. In book publishing, you only need to adhere to the copyright laws and obtain an ISBN from the country of origin.

Maurice Vaughan

You're welcome, Debbie Elicksen. Oh ok, I didn't know that about book publishing. Learn something new every day. :D

Morgan Aitken

@Debbie thanks for the confirm on books, but it brings up another question: what about non-Americans publishing via Amazon or Smashwords? Both platforms give out free US ISBN numbers.

Debbie Elicksen

Morgan Aitken You can opt to use Amazon's, Smashwords, or another entity's ISBN, but then that means THEY are the publisher. When you control the ISBN, you are the publisher. Otherwise, you're just the author. I can tell you first-hand after three traditionally published books (although Amazon give you more control), that control is everything, as is the ownership of your creative files. There is a myth that you make more money with a trad.

The trad offers you (again, this is not the case with Amazon, which has a better royalty program) five or 10 % royalties, most of the time no advance, and that first royalty check will likely be the only one you ever receive...unless YOU are the one out there pounding the pavement to sell the book. If you self-publish, other than cost of time and graphics (if you don't use Amazon's templates), or ISBN (US -- it's free in Canada), you keep 100% of proceeds if you use your own printer and designer (although that is costly) or with Amazon Kindle, it's 35% (if your pricing is below the recommended threshold) or 70%. There is one print on demand company I have had a good experience with besides Amazon, and that's Booklocker.com.

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