Screenwriting : Script Coverage and Copyright/Registration by Manyu Narain

Yes I'd recommend always getting it registered/copyrighted once it leaves your hands.

Thanks Christine Capone . Any idea about the second part of the ques?

From the Copyright Office (https://www.copyright.gov/help/faq/faq-register.html#change):

How much do I have to change in my own work to make a new claim of copyright?

You may make a new claim in your work if the changes are substantial and creative, something more than just editorial changes or minor changes. This would qualify as a new derivative work. For instance, simply making spelling corrections throughout a work does not warrant a new registration, but adding an additional chapter would. See Circular 14, Copyright Registration in Derivative Works and Compilations, for further information.

Absolutely. It's easy to copyright from the web, just visit the Library of Congress' site and file a form PA, load up the script as a PDF.

Sure : ) No I don't think you have to redo unless you change the title of the story and/or the story itself.

See the posted link, and this one for more info: https://www.copyright.gov/eco/help-supplementary.html

Thank you guys for your help :)

I really looked into this before. Changed my ending. Not the tone but the action. A lot of people helped me here and l;oozed deeper on other sights and into other “experts” According to most (and I believe it ) I did not have to redo copyright it as the theme and sequence of the events didn’t change. (I had the guys brother returning i. The second. basically all said my copyright was good. Of course if it happens only a court will decide.

PS and this I know - changing the title does not mean you need a new copyright. Many books / scripts go by working titles.

Yeah, John. I sent you the same link then.

It's always a good idea to copyright/register your script. However, as a Consultant, I do not require my writers to do so before submitting to me because sometimes they come to me before they even have enough to register. REAL Consultants would never think about stealing their client's ideas - because if they did, they wouldn't be in business very long! So, if you know who you're working with, I think it's OK to submit without copyrighting first. Because yes, your script may totally change. But you definitely want to copyright before sending it to producers/reps.

Really John?

I don't know about that. It wouldn't hurt to protect your script before sending out. But that's my opinion. I wouldn't trust anyone in this business. Just sayin'

Confused. I agree with the copyrighting just the title was what I said doesn’t need to be repaid for. All mine are copyrighted, but until I get a buyer - I will refine. Not gonna pay over and over.

It was just a suggestion. When I change the title, I re-register it with the WGA. Maybe I don't have to, but I do it anyway. I think everyone on here has good advice to share. Beth Fox Heisinger is a good person to ask as well : )

Title change is a Supplemental Registration at no additional charge.

Thanks Tony!

Yea since you cant copyright a title, theres no reason to re-copyright if you just change the title. Thats just a waste of time & money.

Just to be clear, I was talking about changing the title of a script that you already wrote and registered. I wasn't just talking about a title alone.

Even so, theres no reason to re-register if all that changed is a Title. chances are it will change 3 more times.

Completely different direction here - I wouldn't bother to copyright or register a script unless you're sending it out willy-nilly, to everyone and anyone who says they want it. Of course, I wouldn't recommend that approach anyway. If you do your homework and send it out intelligently, prudently, there is virtually no chance anyone will steal it. Legit people won't chance their reputations on that risk, and marginal people generally don't have the connections/money to do anything with it. So a copyright is unnecessary.

There is an aspect of the "take it out " option agreement that exposes the writer somewhat, but that's a whole other discussion.

Too, if a person is so untrusting of "everyone" in the business, why be in this business at all?

John is that directed towards me and if so, then direct it towards me. I'm just saying, having WORKED in the industry, that you have to be very careful. Top producers have advised me to protect my work and be careful who I send it out to...that's all.

Hi, Christine. Yeah, totally agree with Danny Manus. You do not need to re-register a claim of copyright just because of a simple title change, that’s rather a small edit. You certainly can if you choose, but there’s no need. Plus you don’t “get a copyright.” There’s no such thing as “copyrighting” something—a common misconception. You register A CLAIM of copyright with the LOC because you already have immediate protections under copyright as the writer of a fixed work—a specific execution, i.e., a screenplay. Anyway, when you re-register a claim you are adding an addendum to the original claim and have to list or explain what those changes are. That’s kind of a pain, especially when it is not necessary. So, general guidance to what does warrant a re-registration are things like major changes, adding brand new main characters, altering the story, etc. If there is a change of 30% or more to a work then perhaps a re-registration may be something to consider. Me, I don’t bother to register a claim until I feel pretty solid about a script being finished and/or if I am submitting a script as registration is often required to do so. ;) Hope that helps!

I'll reword it. Be careful who you trust. Is that better? : )

As posted many posts back. Let's beat that dead horse.

File copyright with Library of Congress. No updates required unless substantially alters the story or another writer becomes involved. WGA Reg. is optional, no updates.

Right, as posted. https://www.copyright.gov/eco/help-supplementary.html

Not directing anything about anybody. Just passing on info and was confused about the “really John” reply. Just trying to pass along info when I have it. Which isn’t usually often.

All of mine are registered with both

Sorry John Ianucci i was replying to John Ellis re: directing his comment towards me. As far as my reply to u, I was genuinely asking.

Sorry, Christine Capone my response wasn't directed to you personally. I was using "you" in general, like "one" or "a person."

Wow sorry John E. that's how it came across. My apologies.

The odds of someone stealing a screenplay is pretty slim. However you should register your screenplays to create a chain of title in case you do sell it and it goes into production or gets made..

I wasn't really referring to stealing a screenplay but more the concept of the screenplay. Basically taking your idea and making it their own.

An idea or a script concept is just that, an idea. You cannot register a claim of copyright for an idea, only a specific execution of that idea, a fixed work. Give two different writers the same concept and you'll get two different stories with different executions. Both would stand on their own as independent, original work even if both were inspired and written around a similar idea or subject. Being creative is taking ideas or concepts from different sources, finding inspiration, borrowing elements, but then mixing them or combining them with your own take, imbuing into it your vision, your style, your voice, and thus coming up with something new. This is the implied meaning behind the quote: "Good artists copy; Great artists steal." In this context: "Copy" means word for word plagiarism, a direct copy, a duplicate lacking any further creative development or direction. "Steal" means to borrow, to take and make it your own by infusing your creative vision into it, mixing it in some unique way, which changes it and may even improve upon it, hence "great artists steal." Me, I wouldn't worry about someone stealing an idea. Ideas are aplenty. What's more important is the execution of that idea, so write the better script. ;)

I know you can’t copyright an idea. :)

John Ellis. A screenwriter can send their screenplays out intelligently and prudently but once it leaves your hands you have no idea who or how many people will end up reading it. Also a lot of producers wouldn't even consider a screenplay that has been registered. I think I'll keep registering my screenplays. I think it is money well spent.

Getting back to the thread topic: Personally speaking, I would not worry about registering a claim before sending a script to a professional consultant, because I already have immediate protections under copyright as the original creator the very second I write it. Plus a professional consultant may have you sign an agreement form up front, which would clarify your transaction and expectations in writing beforehand which would protect you both. Nonetheless, always know with whom you are working. ALWAYS do your due diligence. As I said before, with my own spec writing, I prefer to wait to register a claim until the script is 'buttoned up' so to speak and/or when submitting to a contest or producer. And if I'm working with a consultant then the script is still a work in progress, so... ;) Anyway, understand every digital file or email you have creates evidence that the work is yours. Ironically, the more you share a script, make it public, the more evidence you create. But, my two cents, do whatever makes you comfortable. If you wish to register a claim before working with a consultant, then do so. Sometimes registration is required, so do what you need to do and/or do whatever you feel is best. :) Again, hope that helps!

You can't register a claim of copyright of an idea. ;)

Beth are u responding to my comment? I already replied that I know an idea can’t be Copyrighted.

Yes, Christine, I am. And, yes, I know that you know an idea cannot be claimed. Just further clarifying terminology and copyright. You register a claim. You already have protections under "copyright" before you register as the original creator/writer of a fixed work. You already hold the copyright. It is an automatic right. Copyright exists whether the work is registered or not. ;)

Lastly (I promise!), just to add more general info to my above comment should anyone need it: Registering a claim is required should you ever wish to bring a lawsuit. Registration gives you stronger legal standing should you ever need it in a court of law. So think of registering a claim as registering evidence with an objective and official third party—which is why many contests and producers require registration. Anyway, it's also just a voluntary, helpful, practical thing to do. And if you are selling a script, thus selling your copyright of the material, or working for hire, then do get a lawyer to help you with the more complicated legal issues and/or contracts. Who owns what in those scenarios. :) Best to you all! Cheers!

Thanks Beth. All good and valuable info!

The long national nightmare is over.

Tony S. what are you talking about? We're having a conversation.

I don't know. I'm in a constant state of confusion.

Tony S. yeah sometimes conversations veer off into a whole other topic.

Okay.

LOL

Manyu, make yourself a 3 to 5 page "Treatment" in re; your script. Register your 'Treatment' with the WGA. If your script is complete, find yourself a Hollywood-savvy Agent who will help you with the channels necessary for your screenplay. Cheers!

LOL

@Beth Fox Heisinger You stated that, "An idea or a script concept is just that, an idea. You cannot register a claim of copyright for an idea" That's incorrect Beth. Many an 'idea for a screenplay or story' have been registered and sold directly to Hollywood. Those ideas or concepts are known as, :"Treatments." @Manyu, it would serve you well to look up and learn about "Submissions of Treatments for film" and learn the route. (Happy Writing!)

Nicholas In Seattle. Beth is not wrong. You can register a synopsis or a treatment, but since only the written words are protected not the idea under the copyright treaty registering them would offer almost no protection. It is true many ideas of concepts are sold but most people that sell them have representation and make sure a NDA is signed so if there is a breach of contract it would have to be settled in state court and not in Federal Circuit Court where copyright infringement cases are heard.

No, Nicholas, my statement is indeed correct. A treatment is a fixed work (thus under copyright). Perhaps review the information provided on the LOC website. Here's a link to copyright basics: https://www.copyright.gov/circs/circ01.pdf.

Once an 'idea' is written into format, it's no longer 'just an idea' it's now a working piece which can be registered as well copyrighted or both. As for the question of, "to copyright or not-to-copyright" I'll point all of you to a book that was written about thee exact subject matter that is laced throughout this discussion. It's by Brooke A. Wharton and titled, "The Writer Got Screwed" (but didn't have to)" With a short log-line of interest stating, "A Guide to the Legal and Business Practices of Writing for thee Entertainment Industry." I highly suggest reading this, as does the Writer of "Pretty Woman and Under Seige--- J.F.Lawton stated, "A wonderful book... Mandatory reading for anyone contemplating a career in Hollywood." Others refer to it as, "An indispensable road-map to success." About Brooke, she's a Hollywood Entertainment Lawyer and much more. You'll be thanking me later for this. Now go enjoy and make stories... that COUNT!

By the way; those of you who want to push buttons with Ms Capone. You might want to take a close look at her last name... ahem! ;---) Ciao!

We agree you can register a treatment but since only the author's expression is protectd under copyright so it would not offer too much protection. I took a lot of law classes over the years and my old business partner is a patent copyright attorney and we have had this discussion on more than one occasion so don't need to read any books written by people in the film industry to know what is or isn't protected under the copyright treaty.

Dan are you telling us that you're an attorney? You speak of Copyright as-if it carries zero weight, which I find curious considering it's a well known as well used standard for protection of an owners rights. You completely blew off a very well known industry professional who 'knows' the ropes. Not wise Dan. In lieu of your statements Dan, I personally would not trust in 'you or the things you state.' This will conclude my part in this discussion. Keep writing everyone. We need 'fresh ideas and stories' to enjoy up on the big screen!

Nicholas: No one here is claiming to be an attorney themselves. Clearly. Respectfully, all I will say is that you are incorrect in your assumption of Dan G's comment. And, there is no need to condescend fellow members. I too have had much experience with lawyers and dealing with all things copyright—copyright, trademark, registration, etc. I worked in advertising and brand development for over 15 years. Had to negotiate. Had to search data banks, etc. I've also had to work with artists and illustrators and photographers and dealt with copyright in those areas too. And I will not engage any further with you about copyright. Good luck to you and your endeavors.

Who did I completely blow off in the industry and why do you think it wasn’t wise?

Thanks kindly Beth and good luck to you and your endeavors as well.

Manyu, I hope it all works out for you and that you've gained decent insights from all of the discussions in this blog. Best wishes! Kindly N

Dan, you asked me a couple of questions, (sincerely I hope) and so I've come to answer: 1) In Re; (who did you completely blow off)... In your statement above that began with "We agree you can register", you stated, Quote:"so don't need to read any books written by people in the film industry to know what is or isn't protected under the copyright treaty." End Quote. This was in direct response to me posting to read what Brooke A Wharton had to say about Writing. Apparently, she is not thee expert and you are. "?" #2) "Why do I think it wasn't wise?" I believe I said it very clearly when I stated earlier, "Quote: "You completely blew off a very well known industry professional who 'knows' the ropes. Not wise Dan." End Quote. That very well known industry professional was/is Brooke A Wharton. Personally speaking Dan, when people are attempting to learn something, it tends to be 'wise' to listen to those who are experts in the field in question. I'm certain that you and Beth would agree with that--- wouldn't you? Thanks for your questions... I wish you the best of luck in your endeavors as well. Kindly Nicholas

Paranoia runs deep in the minds of many a writer. Unfortunately, coping and overcoming it requires a lot of time and effort that could better serve the writer in his quest.

I don't bother with registration, but now that I want to try Inktip they only accept registered scripts, which to me makes no sense. I am automatically copyrighted once I've written the work and no one's going to steal my work. I wish i wasn't being forced to register. I dont have the money.

Thanks Nicholas. I certainly have. Almost finished a draft with my first script. Hoping for the best :)

*of my first script

Nicholas. Thank you. Just because I didn’t want to read her book doesn’t means I was blowing her off. There are millions of other books I don’t want or have time to read. I am sure Brooke A Wharton is a great entertainment attorney but I am not interested in learning about the law. I tend to rely on the WGA attorneys to review my contracts before I sign them.

I know we disagree on what is protected and not protected. I think Mark Litwak agrees with me. Mark Mark Litwak is a veteran entertainment attorney and founder of the Law Offices of Mark Litwak & Associates based in Los Angeles, California. His practice includes work in the areas of copyright, trademark, contract, multimedia law, intellectual property and book publishing. As a Producer’s Representative, he assists filmmakers in arranging financing, marketing and distribution of their films. He also testifies as an expert witness in motion picture industry cases. Litwak has packaged movie projects and served as executive producer on such feature films as “The Proposal,” “Out Of Line,” “Pressure,” and “Diamond Dog.” He has provided legal services or worked as a producer rep on more than 200 feature films. He is production counsel for numerous television and new media series including the Netflix series "Wet Hot American Summer," Yahoo Screen's "Other Space," and seven seasons of the Warner Brothers/Cartoon Network's Emmy Award winning “Childrens Hospital.” Many of the projects are listed on IMDB.com.

Here is what he says.

“A copyright does not protect story ideas, concepts or themes. Such elements are not protected whether they are in a writer’s head, written down on paper, or published. Ideas are as free as the air. Ten authors can write a story about a doomed romance between lovers from different backgrounds. This could be Romeo and Juliet, or West Side Story, or another variation on the theme. What copyright law protects is the expression of the author. This is the particular manner in which the writer tells the story, his approach to the material, his voice. In other words, what is protected is the embellishment on the idea, not the idea itself. “

Best,

Dan Guardino