Screenwriting : To Copyright and/or Register an Anthology Horror Film and another question? by J Anthony Ramos

Sounds good. Thank you so much for your response Kay. I will do just that.

You already have immediate protections under copyright the very second you complete a fixed work. Copyright is a right and it exists with or without registration. If you wish to register a claim of copyright then do so with the LOC: https://www.copyright.gov/registration/. Most professional recipients of script submissions generally do prefer or they require work to be registered with the LOC before they view it. So it's often best to register a script before submitting it. Plus it's one of those practical good things to do should you ever need a stronger legal standing in a court of law or if you wish to bring a lawsuit. Anyway, you only need to register once with the LOC. Whereas a registration with the WGA only lasts 5 years—they purge their database every 5 years, so you have to pay again to re-register if you wish to keep that registration. Plus WGA registration does not hold the same legal weight as a registered claim of copyright. My personal thoughts on the matter, if you are not a member then I see no reason to register with the WGA. But to each their own! You do whatever makes you comfortable. Good luck with your project, J Anthony! :)

I copyright everything Tony. It's simple. Costs $55 now via online submission. Better have it and not need it than need it and not have it. It can award punitive damages if someone uses the execution of your concept. It does not cover the concept itself.

Thank you Beth Fox Heisinger, Brian Shell, and R.D. Francis for your comments and advice. I had researched copyrighting vs. registering, thus why I was leaning toward copyrighting. You guys have confirmed it would be the better of the two. I had also suspected R.D. that living in today's electronic world (with time stamps as you mentioned, etc), that one would have additional proof of your original work when it was completed/sent out and to whom, so thanks for that as well. I actually sent out two query letters yesterday (my first) to a manager and a producer for a separate full length feature I have completed the 8th draft for, so the electronic communication has begun. In the end, you guys are telling me the same thing and that is, that you can cover your butt in quite a few ways, but just to make sure and for professional reasons, just copyright your work, and I will. Thanks for the well wishes on the anthology, which I would love to direct myself, but we shall see. Take care everyone, and by the way, I still have my first typewriter and still right on paper with pencil or pen. Good luck with all of your work as well. - Tony

Thanks R.D. Francis, I hope it does and thank you again for your comments, input, and advice.

You’re welcome, J Anthony. ;) Actually, the cost of a single, simple, not-for-hire, one claimant registration with the LOC is $35, which is what most of us writing spec scripts on our own would only need per work. For more complicated scenarios or sales of copyright I would suggest one seek out guidance from a lawyer. ;)

Oh, and sorry, just to clarify: There is NO SUCH THING as “copyrighting,” unless you are a copywriter in advertising who does copy writing for a living. You don’t “copyright” something. Again, it’s a right not an action—that’s a common misconception and a common misuse of terms. You register a CLAIM of copyright.

Getting back to your other part of your question about what or how many to register... Kay suggested you register the first one as most would only wish to read the first of the series to consider; I would concur. However, as you stated, you could register each one independently if you wish. If you do wish to submit each one independent of the other then that may be something to consider. Or you could register them as a group or series together. Maybe there would be some cost savings there worth checking? Anyway, lots of choices in registering a claim.

Me, I don’t even think about registering a claim until I feel the work is completed and/or if I am submitting. I’m not one for paranoia (totally agree with R.D’s points.) Lol! But... again, registration is often preferred or required by those receiving your work for consideration. Some contests require it too. :) Best to you! And, again, good luck!

nobody's stealing spec scripts, short form or features. You really believe someone is gonna rush into "production", spend money on union cast & crew because the idea is one of a kind never been told brilliant?

Nobody stole JK Rowling's "Harry Potter" and she mailed her manuscripts before the Internet.

Thank you again Beth Fox Heisinger and thank you as well Dan MaxXx.

Beth Fox Heisinger Sorry Beth, the Library of Congress raised the fee from $35 to $55. Just double checked my copyright fee from last year - fifty-five buckeroos - Bonzai!

As entertainment attorneys told me, the U.S. Copyright via the Library of Congress can provide punitive damages - which is where the big bucks are at - if you can prove it.

If you won a copyright infringement case you would be awarded actual damages statutory damages and attorney fees if only registered with the LOC. If you registered with the WGA, you’d probably be awarded actual damages. Also keep in mind screenwriters and producer can end up as defendants if someone comes out of the woodwork and files an infringement case against you or your producer. If they registered their screenplay and you didn’t register yours, they’d probably win. If you don't register with either one all you might end up with is inadmissible evidence that can't be used in federal court if the other party has a good lawyer.

Brian Shell: Online registration: $35 Single Application (single author, same claimant, one work, not for hire) $55 Standard (all other filings).

To add: it takes much more than a registration to prove infringement. You gotta prove direct access to the material itself and actual direct copying, which is where most lawsuits fail. Why unsolicited material is never read, never opened. No one wants to be exposed to some possible lawsuit. Anyway, as Dan G explained a registration with an outside third party absolutely helps a case should you ever need to bring a lawsuit or seek damages. The key word there is “should”—infringement is rare but one never knows. So why not be prudent, right? And a registered claim is required in order to bring a lawsuit. Period. You have to have valid certification of possession. Again, me, I just think of registration as a common, practical thing to do. :) Hope that helps!

Hi Beth Fox Heisinger . I have a quick question. What do you think about adding our loglines and full scripts on this site? I love Stage 32 and wouldn't even think of trying to navigate this industry without it but I have wondered about just putting full scripts out there like that. Pro's: Coverage Con's: Infringement? Thanks much!

Hi, Shelly. A lot of our members post loglines, synopsis, scripts in full, or they post the first 5-10 pages or so—whatever they wish to post or share. You can edit or delete whenever and whatever you choose on your profile page. It's up to you! As already stated, you already have immediate protections of your fixed work, your specific written screenplay execution under copyright—this is widely understood; it's basic common knowledge, certainly within the industry. Nonetheless, many prefer to register a claim before putting their work out into the world. Again, registration is rather common practice. It's also voluntary. So you do and/or post whatever makes you comfortable. ;) Perhaps read over the FAQs on the LOC website: https://www.copyright.gov/help/faq/. Know what falls under copyright and what doesn't. Proper information will ease your mind. Hope that helps! ;)

Right, Kay, so true! The irony of openly posting and widely sharing your work is that it further proves and gives clear dated evidence that it is indeed your work, rather than being a risk. And, totally agree, contracts are areas of concern—always have a lawyer review contracts! Plus if there is some possible issue, why bother "stealing" some spec script when it is a far cheaper and easier just to buy it. Lol!

It is probably more common that if your movie gets made someone will sue you because they happened to write something similar. That happens more than the other way around.

Kay Luke Beth Fox Heisinger Thank you! Great information.

It's sound like, generally speaking, there really is a great deal of honor among creatives on all levels. I know there are exceptions and things to watch for but in general.

Yeah, but not when it comes to producers.

Last year, I copyrighted two books - form TX - each one cost me $55. Just checked my AMEX bill. $55 each. Beth Fox Heisinger Maybe form PA for scripts is $35. Both of my books are single author, single claimant.

Brian. I had some that were $35 and $55. I think I stuck the one for $55 in the wrong section. However I had a co-writer so I could be wrong.

Brian, I pay $35 when I register a claim of copyright.

We're both right Beth. Here's the fee explanation https://www.copyright.gov/circs/circ04.pdf - Maybe I should write for 2 $20 refunds. Though I heard rumors the extra fees are helping fund some kind of wall.

LOL! Right, Brian, as I said... Online registration: $35 Single Application (single author, same claimant, one work, not for hire) $55 Standard (all other filings). Best to you!

What makes me curious is that both books I published last year were single author, same claimant, one work, not for hire... so why did the LOC eCo registration charge me $55 each? Hmm...