Big Tex said:
I think the fear of theft is exaggerated.
The moment it happens to you, you'll change your mind.
Big Tex said:
It's probably most likely to happen with projects at the idea stage -- you know, if you're making the rounds and you say, "I have an idea for a reality show where 2 moms have to exchange households for a week." I can see someone taking that and running with it. But as far as an actual script or firm treatment, I don't think it's as common as most people fear.
I heard some speakers last week at the Screenwriter's Expo, and their thoughts went something like this:
• If they (the producers) are going to have to pay somebody, they'd want to pay a first-time writer, because they can get it dirt cheap. Do you think they're going to take your idea, and farm it out to a writer who charges $100K for a first draft, when you'll do it for a fraction of that? If you have a valid concept, they're more likely to give you first crack at it, knowing that you'll do it for a fraction of the price of a pro. And, if you fail, they'll send it to rewrite anyway.
• Producers know that it's cheaper to pay a new writer than to fend off a plagerism lawsuit. Plus, NOBODY wants their production held up by a lawsuit.
• Everybody in Hollywood is convinced that THEIR idea is ten times better than yours, so why would they bother to steal yours?
All of this notwithstanding, a writer is a fool if he or she doesn't copyright their work. It's too easy and inexpensive to do.
Registering with the WGA is basically useless in terms of legal protection. That service exists for different reasons.
The only law on the books that's deigned to protect the work of authors is the copyright law, which works two ways. First, unregistered ... everything you write is copyright the moment you reduce it to tangible form (e.g., saving it to disk or printing it); second, registered.
An unregistered copyright is essentially useless in a plagiarism suit and you cannot sue for damages if that's all you have, you can sue for costs only; if your copyright is registered, you can include damages in your suit, and as we all know, that's where the money is.
It is incumbent upon an author to keep records of those to whom they either submit or give their work, because part of proving a plagiarism case is proving the accused offender had access to the material or there is reason to believe they had access to it.
The WGA's registry exists to support their Credit Arbitration Commiittee when they adjudicate a credit dispute. Such registration may be used in a plagiarism suit as corroborating evidence of ownership, but it can't prove ownership by itself, only a registered copyright can do that.
It's too easy to register your copyrights to not do it.