Screenwriting : Copyright by Roberto Dragonne

LOC and WGAW

Thank you Richard!

Most welcome, Roberto!

You heard it from RB, first .

Out of curiosity, what does Library of Congress cover that WGA doesn't, and vice versa?

FYI CYA Do Both WGA is $25 to register and LOC is $35 on line.

Registering copyright gives you stronger legal standing should you need it in a court of law. Registering copyright with the Library of Congress offers far more protection than WGA.

Roberto- Beth is right! She may be tired from a busy NOVEMBER Writers Club, but she is right. I have (3) screenplays. ALL have LOC copyrights and it is easy. Takes 5 minutes on line. It's only $35. And you get a case # right away. They mail you a hard copy in a few months. I was born in Brooklyn CYA Man! CYA!!

mail the script to yourself. $6 US registered postal.

Well, that mail-it-to-yourself tactic doesn't quite hold up as solid as an actual registered copyright. Sure, just by writing/creating the thing you own the copyright. Period. But again registering it gives you stronger legal standing should you ever need it. Just register the copyright, people. Do it. Move on. Share your work! Cheers!

Hey, Roberto.... That, 'mail the script to yourself' comment doesn't protect as well... don't do the archaic snail mail to yourself.... unless you want to, if it makes you feel better...but, please, also register the script with the LOC... if the script is ready and you're ready to shop it around... register it. It only takes a few moments.

The snail mail script to yourself will not work in court because you can mail an unsealed envelope to yourself that would be postmarked.

Wow! Great comments and suggestions. Thank you all.

Another example of why this community rocks.

I copyright every script, including my shorts.

Claude, Aray said you need admissible evidence and the best would be registering with the LOC.

You can't copyright an idea, only your specific written execution. So, yes, you can protect your work. Yes, you can do something. But I really don't care to feed into paranoia. My point of registering is really one of the practicalities of being prepared—should you ever need stronger legal standing. However more than likely you never will. "Borrowing" means you take an element and give it your own specific creative take, thus making it different, new. You can't copyright a color or lighting effect or even a title. Creatives are influenced by everything around them. We all are. It's part of what we do. :)

When it comes to copyright it seems most screenwriters seem to think you only need it if you want to sue someone. FWIW it is also used as a defense if someone accuses you of stealing their screenplay. Most Producers are pretty conservative and will want to make sure that a screenwriter has a clear chain of title to a script before they will invest in it. So if a screenwriter wants to save $35 and not register their screenplay that is fine but they will probably have a difficult time finding a producer that would option or buy their screenplay.

@ Claude. The Library of Congress (LOC) is a branch of the United States Government and is not trying to make money so they aren't ripping people off.

Claude. The reason I say you will have a difficult time optioning your screenplays if they aren’t registered is because a producer is going to want to have proof when it was written in case someone with something similar decides to sue them. You might find someone that's interested in reading the first ten pages but most producers will request the entire screenplay. If you find a producer that requests one of your screenplays they aren’t going to sign a form that you send them. In fact, they will send you a form to sign saying you won’t sue them and if you don’t sign their form they won’t want to read your screenplay. Selling a van is a lot different than a screenplay that someone is going to invest millions of dollars to turn into a film. I am offering some good advice so you can take it or leave it. I am sure you will leave it... Good luck either way!

Pete,

You can't copyright a title for a piece of work, but you can trademark a title, and especially a unique combination of words that isn't too generic or common. Like, if you tried to trademark "Pete's Auto Repair", you'd probably get rejected. But try naming a bar Harry Potter and the Sorcerer's Stone, and I'm sure you will be hearing from Ms. Rowling's attorneys. The owners of the American Idol trademarks have sued a lot of people, too - from strippers to bar owners. Stinky Feet also has many live trademarks. You can do a trademark search on the government website to see what has been approved and has live trademarks.

You should always register your work with the LOC first, and then the WGA. The WGA protection only lasts for five or six years, and the LOC protection lasts for your lifetime plus 70 years. It's my understanding that, in the case of ownership decision-making, arbitrations and disputes within the WGA membership, the WGA filing is preferred. In cases that don't involve WGA members, the LOC filing is preferred. And of course there is the fact that you "own" something once you have created it, and can prove it, and don't need to file for protection. I'd still file for both, though, just to be extra safe.

Best fortunes to you in your creative endeavors, Pete!