Screenwriting : Quick question about copyrights by Nikki April Lee

You are technically protected from the moment you upload your script. When you pay you get a case number. This can be used for legality until your certificate comes through. I register my screenplays online and I usually get the certificate within 90 days. I've only had one that came close to the 6 month mark.

Worry about copyright when someone wants to buy.

Dan M. I normally agree with you but the time to copyright is when you finish the script because you want to establish a chain of title as early as possible. That protects the screenwriter it also protects the producer if someone shows up out of the blue and claims you stole their material.

You already own "copyright" as the creator/writer of your fixed work, your written execution. Your registration, or claim of copyright, is valid when you file with the LOC. :)

Once you commit it to paper or a computer file - it's yours (it's already copyrighted [or is that copy written?], whatever.) You already have your chain of title when the file was created on your computer. Believe me when I say nobody will steal your script. (For many reasons.)

Doug. Your computer is not admissible evidence so it could not be used to establish a chain of title. Ownership doesn't mean a darn think if you can't prove it in court if you sue someone or if they sue you. There are two different parties to every lawsuit and in this business you never know which table you'll be sitting on.

Dan, I don't sit on anybody's table (I occasionally put my feet up on the coffee table). It's true that your computer, itself, may not be admissible (unless you smack somebody over the head with it), but the time and date on the data file is. (Why do you think the coppers & feds always snatch scofflaw's hard drives?) There is case law.

Doug. The computer can be used in a civil lawsuit or a criminal case because that is all the evidence that is available. If you sit on your rights and you do not register your screenplay your computer would not be admissible evidence. My old business partner is a copyright patent attorney and we discussed this same thing many times. I also spent about $300,000 so far on a case that is ongoing so unless someone has that kind of money to throw away none of this makes a bit of difference. I will probably spend another $100,000 before it's over if it ever ends. It has been going on for about three years so far.

Well that's good to know about the case number. It'll give me some comfort as I prepare to research agents and production companies.

Dan, enlighten me (seriously, I don't know) - there are civil and criminal actions, that's all I know (what other kinds are there?) If you have a written document and I show up with the identical document claiming to be its creator; who wins? Whichever one of us who can document its creation first. Nes pa?

Nikki - don't worry about it.

Hmm... I wonder if registering a script on the U.S. copyright website is "safer" or more reliable than registering it with WGA. I usually go with the latter, but... Idk.

Doug is correct in the legal sense that as soon as a work is created in a "fixed" way whether on paper or as a computer file it is protected under Title 17 of the US Code.

But Dan's point is valid because it is wise to establish verifiable proof as soon as possible after its creation in a manner acceptable to a court of law. US Copyright registration is the strongest version of this.

The WGA's service is most valuable for WGA members or signatories forced into arbitration over credit and compensation which the WGA itself will arbitrate. But in a real court of law, its value is limited.

If registering with either gets you as a writer over the psychological fear of sending your script out into the big scary world, do what you need to do. Because the only way it's ever going to sell is putting it out there.

Good luck.

I agree with David and my agent insist on me filing with both the WGA and the LOC, I can't imagine someone spending month writing a screenplay and not want to spend a few dollars to protect their work. I know agents and producers that won't even read a screenplay that wasn't registered. Personally I wouldn't touch one that wasn't registered with a ten foot pole because of the risk of being sued.

I read in other threads and on other websites that the registration at the WGA doesn't protect you when it comes to court. Plus, the registration at the WGA expires and has to be renewed which costs again. The only safe registration is the Library of Congress. It's true that you own the rights when written anything (novel. poem, song lyrics, screenplays, theatre plays, radio plays and what ever I forget at the moment). This is what is the same within the European Union and many other countries, BUT it doesn't protect you either in case it comes to any dispute. The thieve will probably be smarter and register the stolen material and then, what? Your computer changes the date of your file as soon as you continue working on it. Okay. Why do I put my car in this discussion? Because I did a lot of researches and came to the conclusion that no matter where you live it is worldwide the best (safest) way to register your work at the LOC.

You're protected from the moment they deposit your check. But always register with WGA as well. It gives you an instant registration number which producers will ask for when you submit your script to them.

Only a month?

Paranoia runs deep in the minds of many a wannabe or newbie writers. This is a topic that comes up every so often. Let's clear up the issue once and for all. We have established that whatever you commit to paper or any other media storage is yours - period. The point is to prove you wrote it first. Registering it with the LOC/WGA provides conclusive evidence to your claim; but remember that neither will defend your claim in a court of law. It's up to you to feed the attorneys.

The next issue is - who the hell is going to steal your work? Wannabe/newbie writers become enamored with their brilliant work and are certain that some scofflaw is crouching behind every bush, waiting to pounce. It just ain't so. The film industry is tight-knit and small - word travels very quickly. We all think were excellent writers. Since I'm such a wonderful writer, why would I steal your script. My Agent would recognize the stylistic difference and be on the phone immediately. Okay; a known/established writer doesn't want your script - period.

There is no Producer who would take a risk on stealing your script. If your masterpiece should actually be worthy of moving on to production (very rare) - he'll try to buy it for a pittance (maybe throw in a back door deal) but he sure a hell ain't gonna steal it. Buying it and sharing any profit is a whole lot cheaper than investing in some attorney's retirement account.

Some screenwriting (many) contests want your WGA registration number on the title page but in the professional world - that screams AMATURE. Nobody wants to work with armatures. So my advice: GET OVER YOUR PARANOIA - get back to writing.

Doug. You are right about everything you said. However, I don’t trust anyone in this business. People can come out of the woodwork and claim you stole your screenplay from them and tied up production. They will not only sue the screenwriter they will also sue the producer and the studio if it is a studio project. If a studio thinks there is even the slightest chance there could be a lawsuit they'll drop the project like a hot potato. I know because I had that happen to me once with Warner Bros.

Dan - sorry 'bout that, but it's true. There ain't a Producer/Studio out there who will take anything on unless it's squeaky clean (an they got a nose for it.)

Did you notice my little amateur/armature typo - I gotta get new glasses.

Doug. I didn't notice but I gotta get new glasses as well. lol! Unlike a lot of people here I don't proofread what I write so I make a lot of mistakes. Thank god I have a professional editor that reads all my screenplays before they go out.