Literary Agents vs Hollywood Agents

underthecity · Apr 26, 2006

My brother-in-law works in Hollywood as a script consultant, among other things. He's worked with a lot of different Hollywood agents for both film and television. I was speaking to him the other night about my literary agent search for my children's book, and he told me I absolutely must get it copyrighted because of industry theft.

Now, I understand from my own research that a writer does not have to get his manuscript copyrighted because the words are copyrighted as they are typed. And if a theft ever did occur then computer records would show when the story was written. Literary theft is rare. I told him all this.

But he contends that "it's happening more often today than ever," but I don't think he's looking at the situation from a literary POV, rather from a Hollywood story and script POV.

While I respect his opinions, I don't plan to go through the copyright office to copyright my children's story. I'm sending it to literary agents, not Hollywood producers and agents. But is what he said regarding story theft in the film industry true? I mean, if I were sending it to Hollywood agents (in some blind hope they would make a film out of it), would I have to actually copyright it first? I'm not planning to, though. I'm just curious.

allen

Jamesaritchie · Apr 26, 2006

underthecity said:
My brother-in-law works in Hollywood as a script consultant, among other things. He's worked with a lot of different Hollywood agents for both film and television. I was speaking to him the other night about my literary agent search for my children's book, and he told me I absolutely must get it copyrighted because of industry theft.

Now, I understand from my own research that a writer does not have to get his manuscript copyrighted because the words are copyrighted as they are typed. And if a theft ever did occur then computer records would show when the story was written. Literary theft is rare. I told him all this.

But he contends that "it's happening more often today than ever," but I don't think he's looking at the situation from a literary POV, rather from a Hollywood story and script POV.

While I respect his opinions, I don't plan to go through the copyright office to copyright my children's story. I'm sending it to literary agents, not Hollywood producers and agents. But is what he said regarding story theft in the film industry true? I mean, if I were sending it to Hollywood agents (in some blind hope they would make a film out of it), would I have to actually copyright it first? I'm not planning to, though. I'm just curious.

allen

Novel manuscripts do not get stolen. Literary agents do not rip off writers. Your brother-in-law is simply wrong. It is happening no more now than ever, simply because there is NOTHING a literary agent can do with a ripped off manuscript.

On the other hand, movie scripts get ripped off every day of the week. And, yes, Hollywood has been known to steal movie ideas from novels. Hollywood has always been an evil place where writers are concerned, and the sad thing is that it's often Hollywood writers ripping off the rest of the nation.

When you start dealing with Hollywood, register everything, including registering scripts with the WGA. Of course, before you can get anyone in Hollywood to read a script you have to sign a waiver saying you won't sue them no matter what.

victoriastrauss · Apr 27, 2006

underthecity said:
But he contends that "it's happening more often today than ever," but I don't think he's looking at the situation from a literary POV, rather from a Hollywood story and script POV.

I agree. Theft of unpublished book manuscripts is very, very, very rare--about the last thing that any writer needs to worry about. There's no need to register copyright for an unpublished manuscript.

It's a common misconception that registering copyright gives you some sort of vital additional protection. It doesn't. You're fully protected by copyright law from the moment you fix an artistic work in tangible form. All registration does is to give you additional legal rights--specifically, the right to sue in court if your work is infringed (you can't bring an infringement suit in the US unless you've previously registered copyright). To sue for the full range of damages, registration needs to pre-date infringement--but you can register up to five years after the infringement occurs and still sue for actual damages.

But is what he said regarding story theft in the film industry true? I mean, if I were sending it to Hollywood agents (in some blind hope they would make a film out of it), would I have to actually copyright it first?

Yeah, it's my impression that theft is more common in Hollywood. But a lot of this kind of theft is idea theft, and copyright doesn't protect ideas.

- Victoria

Literary Agents vs Hollywood Agents

underthecity

Finestkind

Jamesaritchie

victoriastrauss

Writer Beware Goddess