Screenwriting : Screenwriting Contests by Sally Turner

Thanks. So would you feel safe submitting a script with a WGA filing while waiting for a copyright (looks like it will take months to get the copyright)?

An entertainment lawyer in a Stage 32 webinar I took explained that you need a copyright for a lawsuit in court. WGA registration doesn't hold up in court, but is good for other purposes. You can apply for a copyright using an online form at www.copyright.gov. The fee is $45 if you file online at this government site. They have a tutorial video and information on what a copyright protects, as well as what you can and cannot copyright. Good luck!

If you file the copyright application online and submit your script online at the govt website, it says it takes only minutes! https://www.copyright.gov/registration/

Some contests demand WGA registration, others require no names so you don’t influence judges.

I (personally) wouldn’t bother. But it is a personal choice.

don't sweat copyright. Worry more about screen credit and arbitration hearings working for corporate companies.

Martha. It might take a few minutes to fill the application but it takes between 6-9 months for the same application to be processed. Keep that in mind.

Niksa, thanks for that clarification. But I wouldn't wait those months before submitting a script to a contest or elsewhere if I've filed an application for copyright. The writer will have proof of the date they submitted an application and their script/logline, etc. for copyright. That should mean something in the unlikely event you go to court.over plagiarism during that 6-9 month waiting period.

Niksa Maric. It does take a while to process but it is protected as soon as you file it. If you need to expedite it for court you have to pay an extra fee.

Martha, don't get me wrong but someone asked a similar question a few years back and the answers were: You don't need to wait 6+ months to submit or claim copyright and someone else answered: You can't claim copyright unless you've received your copyright registration number, similar to this one: PA0001257311. Maybe someone who had personal experience in the past regarding this topic can post here and give us all a definite answer.

Dan, Let's say you walk into a restaurant and order a meal. They take your order, they charge you right away and tell you to come back 6 or 9 months later. How is that different in any way from the current copyright procedure. It takes about a minute for any application to verify a credit card and complete the money transfer. So, the year is 2021 and yet the copyright office is somehow still not aware that such application exist?

copyright begins as soon as you receive confirmation from the agency you submitted your screenplay to (US copyright office in my case). After that, go ahead and enter as many contests as you like.

John Mezes a slight correction. Copyright begins the minute you create a unique artistic expression (in a fixed form). Registering is a proof of its existence in time.

As long as you can prove it. You already have copyright.

Niksa Maric. The LoC is different than a restaurant. It takes months to receive official notification that your work has been accepted for registration but that doesn’t mean that your material isn't protected during that time. Submissions are date-stamped as soon as they are received by the Copyright Office and the protection is deemed effective as of that date.

The simple answer is: You write it - it's yours! Watermarks aren't necessary or even a good idea. If you're involved in the shady part of the woods with a whole bunch of unfittin' folk to be around - then copyright may help you to sleep better but it ain't gonna stop real scofflaws (hell, it won't even slow 'em down). My advice is to not even worry about it.

Now hold on a minute Dan, hold on a minute. Let me get this right. I have to spend months and months writing this screenplay, then I have to pay $55, 65 or whatever the final amount end up to be, then I have to wait for 6-9 months to receive some form of official notification that my work has been accepted and approved for registration. Accepted and approved by whom? Ministry of truth? How exactly this approving process works? The LoC is going to assign 3,5 or more(I’m assuming) human beings who will spent months and months looking for what, hidden messages in my screenplay, something offensive to someone, to make sure I have used all the Politically Correct Terms? Now, if that’s how this works that means they are gonna be reading everything before anybody else. Speaking of reading, I don’t remember giving them a permission to read shit. But in case something goes wrong I can always challenge them in court and pay an extra fee, right? Well, I wrote it, I fill the application, I upload it, they charge me %55 or whatever, I receive the registration number within a few minutes. End of story.

Sally go here for more: https://screencraft.org/2013/04/06/copyright-vs-wga-registry/ "Should you register your screenplay with the US Copyright Office and/or with the Writers Guild of America Registry? This is a common question and we’ll endeavor to keep the answer as simple as possible. The short answer is that if you want to be really safe and have maximum legal protection, you should register with the US Copyright Office. The long answer is that you don’t necessarily have to do either. In fact, there’s an attorney named Larry Zerner who thinks the WGA should shut down its registration service entirely."

Niksa Maric. You misunderstood what I was saying. I said “it takes months to receive official notification that your work has been “accepted” for registration. Accepted can mean “approved” but it can also mean “acknowledged.” The LoC is "acknowledging" that they received your material. That is all. No one at the LoC will read your screenplay so nobody will have to approve it.

Really Dan, no one will read it. Then why does it have to be written in English? How do I know? The lawyer told me. How do you know it’s not written in English if you don’t read it. You seam to be firing all the fancy word in your arsenal. Accepted can mean approved but it can also mean acknowledged which can also mean.... NOTHING. Again, it takes about a minute for them to remove $55 from my credit card but it takes 6+ months for them to send me a one page document. They can’t simply mail it to me, unless the LoC is located on one of Jupiter’s moons.

A. S. Templeton, what exactly you think I’m offended by? As for “social media cancel mob” They can kiss me between my back pockets any day, one at the time, all day. I’m Paranoid you say. That’s weird any yet, it’s you who’s hiding behind the avatar, not even a good one. I see you’re trying to mix languages. Don’t. You can learn to speak fluently Chinese, Arabic and Hebrew in let’s say 3 years. You wouldn’t be able to learn 30% of Croatian in same amount of time. Croatian is one of the hardest languages to learn.

1) A simple copyright symbol and date does carry legal weight since it puts the reader on notice that the material is protected. 2) You still have to go through the copyright process, but if you secure the copyright your legal protection will for practical purposes begin with your filing date, not the issue date. 3) An official copyright ultimately offers the best legal protection. 4) I'm a WGA member, and I can tell you that a WGA filing does carry weight within the industry. It may not offer the legal protection of a copyright, but it still offers credible proof of authorship. It offers other benefits as well including in dispute settlements. 5) Print out a hard copy of the script, seal it up and mail it registered to yourself. Keep the script in a safe place unopened. That too will offer proof of original authorship. 6) Keep an electronic paper trail of all correspondence related to the script and whatever submissions you're making to competitions, festivals or production companies. Those records can also provide credible proof in potential disputes. 7) Any records you keep, providing dates and descriptions related to your writing process/progress, however informal or brief, can also provide credible proof in potential disputes.

Niksa Maric. The only thing that matters is submissions are date-stamped as soon as they are received by the Copyright Office and the protection is deemed effective as of that date. What the LoC does after they receive it doesn’t make any difference.

No. It is not a myth. You're equating that with copyright protection itself. That's not what I said and not what I'm suggesting. Nothing offers copyright protection except copyright protection. The other items offer degrees of proof/evidence that considered collectively would weigh in your favor in a legal dispute. Even a copyright doesn't offer absolute protection. Anything can be challenged in a legal dispute. There's myriad variables that come into play. If you're concerned about putting yourself in a position of strength in defending or proving authorship, then, beginning with a copyright, there are things you can do that will all help. At the end of the day, for an aspiring writer with limited resources, there's only so much you can do to protect your work. The concern shouldn't prevent you from submitting your scripts. Just do a little due diligence on the credibility of the parties you're dealing with.

“Even a copyright doesn't offer absolute protection. Anything can be challenged in a legal dispute.” This is the best sentence so far, and I mean that in a good way. You know what, I might even put this on my tombstone and I’m gonna use the best fluorescent color money can buy. How am I gonna pull this off, I don’t know, yet but I’ll do it. Neil, what the hell... with one sentence you’ve created an endless loop and locked us all inside.

Neal Howard. I agree with everything except number (5) Print out a hardcopy of the script, seal it up and mail it registered to yourself. The reason I am saying that won’t work is because you can mail an unsealed envelope to yourself stick a screenplay in it several years later.

Are we just going to have this conversation every week now along with which software people should use?

$45 to file a claim of copyright with the LoC that lasts forever, holds up in court, and will ensure you look like a professional when producers/unions/distributors need their chain of title paperwork completing.

Having copyright, claiming copyright, and defending copyright are three separate things. Those of you doing things like getting your mom to photograph you holding your script next to today's paper are shooting yourselves in the foot and those thinking their LoC claim ensures they can never be ripped off while not having a good lawyer on hand (and the funds to employ them) are deluded.

A copyright lawyer's first question to me was, "Do you have $100k to defend your copyright?" I was like 'wow'. At this point, I realize I need to socialize my ideas above the din of everyone else. I entered 2 scripts in 8 contests last year. I've given up on them and I just started a new company producing audio screenplays for screenwriters everywhere. https://www.fadeagent.com. Good luck in your endeavors!

Have you ever participated in or sat through litigation, including IP litigation? You can't make blanket statements like it will hold up in court. It may likely, probably, usually, most of the time...but never always. No outcome is certain in a legal dispute. Even with copyright in hand. Nonetheless, an official copyright is always the single, best means of protection. There are other things you can do as well to enhance your legal position. Not that any of this should be something to lose sleep over or make you reluctant to submit your work. Just take one or more of the obvious, common sense actions and proceed.

My own comment about an LoC copyright claim holding up in court was in reference to how well it will hold up when compared to WGA copyright. I wasn't, for a second, trying to imply it would be a guaranteed successful claim.

Heres some more on WGA vs LoC copyright and being able to claim statutory damages by a long time copyright lawyer and litigator.

CJ, this copyright issue, 'what's the best/cheapest screenwriting software' and 'how do I get an Agent' seem to be the basic themes of this forum; it's not for teaching anymore.

See Stage 32 contests, blog and lounges for feedback and their film festival’s section.

Neal. If you were asking me the answer is yes. I have participated in and sat through litigation and common sense would tell me that the poor man’s registration wouldn’t hold up in court. All the opposing attorney would have to do is bring up the fact that it is possible for someone to send an unsealed envelope to themselves via registered mail and stick a screenplay inside and seal it years later.

My last post on the subject. As Nick aptly put it, getting to be a bit of a descent into madness. The energy far outweighing the import. Though not a lawyer, I participate in a great deal of litigation. What would or wouldn't hold up in court is entirely up to a judge or jury to decide. It is not an objective legal standard. Civil cases are decided based on a preponderance of evidence. What you dismiss as the poor man's registration would be a part that preponderance. Never said it was a substitute for an official copyright or carried the legal weight of a copyright. Just one of the simple steps you can take, in conjunction with others, to help protect your work. Attorneys are not likely to (nor would they likely be allowed to) make claims of fraud as you suggest above without evidence of the act itself or the person's bad intentions. In a real dispute, in the real world, a fair amount of facts and evidence is going to be considered. Unfounded theories by wily counsel is the stuff of tv and films. Holding a copyright is significant, if challenged by knowledgeable and determined opposition though, it will not automatically make anything an open and shut case. So, one last time, if you're really concerned with protecting your work an official copyright is always the single, best means of protection. There are still other things you can do as well to enhance your legal position. None of this should be of real concern to a writer wanting to submit their work. Just do your due diligence, take one or more of the obvious protective actions and proceed.