Showing scripts (protection)

[FJ and G]

I'm perhaps a few weeks away from finishing my 1st draft of my 1st screenplay and when completed would like to email it to some friends to edit and comment on (and I also plan to take it to a local screenwriter's meet).

Is it sufficient enough to simply place my script in the mail and upon receiving it--without opening it of course--showing my script, or, must further safeguards be installed? (I don't want it stolen)

Thanks again for your assistance.

[cleoauthor]

To be absolutely sure, you might want to register your script with the Writers Guild of America. You can do the whole thing on-line. It's $10 to register if you're a member; $20 if you're not. Their URL is www.wga.org

[maestrowork]

I think it's $20. But yes, registering it with WGA will give you another layer of proof. It won't protect you from would-be theft, but at least you can prove your authorship.

[FJ and G]

Thanks. Follow on question.

I mentioned that it is just my first (or possibly second) draft.

Can I register the draft and then later register the final?

[MrJayVee]

Unless you plan to send it out to people (producers, agents, script analysts, etc.), there is no reason to get your script registered at WGA. Do a few drafts, get it solid (i.e. readable), then go ahead and protect yourself with registration and/or copyright. If you do a substantial rewrite somewhere down the line, re-register it.

And no, mailing the script to yourself affords no protection, so don't even bother.

[FJ and G]

Mr. Jay,

Confused. You say no need to register it; then say register it w/WGA.

[MrJayVee]

Unless you're sending out a first draft (which is usually a really big mistake), there's no need for registration. When the script is in solid form, and when you decide to start sending the script around to prodcos, agents, etc., go ahead and register it.


Feel free to contact me directly at swmentor@hotmail.com

[NikeeGoddess]

most people are so anxious to send out their scripts. never send it out until you have non-biased people who understand scriptwriting tell you that you're ready. so.....

no need to register your script until it's ready to show around. if you register your first draft and then rewrite it 5 or 6 times then your last draft will be so far removed from your first that you'll probably want to reregister. so the first registration is practically dead.

btw - copyrighting with the library of congress is $30 and lasts for 75 years past your death - so it's quite a bargain.

write on!

and don't put the cart before the horse

[maestrowork]

Yes, why such a hurry to send out a first draft? Why not polish it (3rd, 4th, even 10th draft) before you send it out to betas? If you really must "show" something what you've got so far, choose someone you can ABSOLUTELY trust.

That said, you can also register treatments with WGA, even though you can't copyright an "idea."

[NikeeGoddess]

in fact, i still cringe at the knowledge that i let people read a first draft many years ago. when i go back and read it... :ack :smack :o what was i thinking????!!!!!!!!

i still have trouble showing my stuff b/c writing is rewriting and i'm always rewrite something soon after i give it out :smack imo - the script is never done until it's SOLD!

write on!

[writerscut]

We all realize after the thrill wears of that the first draft is mediocre...it's just the thrill of finishing!

[scryptreader]

if any of you are interested, i have some experience and read for free (as long as you are not getting paid to write)...

you can contact me at:

theinsider@scryptreader.com

take care

[JustinoIV]

If you have a script that you've written and registered with either the LOC or WGA, there is no need to reregister the script just because you've totally rewritten it. Save all your drafts and notes. That will show the progression from the first to the final draft.

Remember that from the moment you create your work, it is under copyright protection. Most people would recommend registration. However, there is no reason to register ever draft.

[joecalabre]

I agree with Justino that you don't have to register each draft.
Unless your later drafts are so different in plot and character that it could be considered a different story, once is fine.

Ultimately though, you should register a draft with a US copyright before going into any deal, option, etc... This is the ultimate protection for you and gives the longest terms at a reasonable cost. The only negative thing about it (which is why other forms of registering have come about) is the time. It takes weeks to get your registration completed. Not good if you want to shop your script out in a timely manner.

The other advantage of doing a copyright over (or in addition to) others. Only a US Copyright can be used as proof of authorship if you end up in Federal court. WGA and other forms are not recognized in this circumstance. If someone steals your work, it would be a federal court case.

That's my two cents. I would seek the advice of an attorney if you really want to know the legalities of protecting your work.

Good luck and keep writing.

[FJ and G]

Joe,

You mention a U.S. Copyright. Is the LOC such an agency, since it is "U.S."?

[joecalabre]

LOC (Library of Congress) is where you would copyright materials. check out www.copyright.gov/ (http://www.copyright.gov/) for info.

[JustinoIV]

"The only negative thing about it (which is why other forms of registering have come about) is the time. It takes weeks to get your registration completed. Not good if you want to shop your script out in a timely manner."

The LOC website says that the scripts are considered registered from the moment the LOC receives them. It may take them months to process your script though. But that's okay. Generally, producers and agents do not ask if your script is registered at all, and said information is never written anywhere on the script.

[joecalabre]

Justino,
Your right, but if you go to federal court and show the copyright notice you got from LOC, it would have the date processed on it, not the date they recieved it.

The good news is within a two years, the LOC will accept files online with instant notification. At least that's their plan.

[JustinoIV]

"Your right, but if you go to federal court and show the copyright notice you got from LOC, it would have the date processed on it, not the date they recieved it."

So you can UPS or FEDEX the script off to the LOC. That why you have signature as proof of the date they recieved it. And LOC registration is still effective from that date.

"The good news is within a two years, the LOC will accept files online with instant notification. At least that's their plan."

Great. That would knock off WGA registration nearly instantly, since I think the only reason people register with the WGA now is because it's online.

But either way, your script is still under protection from the instant you create it. There's no need to worry about theft. Most writers should worry more about getting anyone to even look at their work.

[joecalabre]

"Great. That would knock off WGA registration nearly instantly, since I think the only reason people register with the WGA now is because it's online."

I think another main reason is so the writer can get that letter with the reg number in thier hot little hands asap. Paper proof has a certain warm fuzzy feeling that trusting the goverment in representing you properly just doesnt have.

People like instant gratification and the WGA fills that need.

[SimonSays]

The chances of having your script ripped of are very small.

Copyrighting or registering your script will not prevent someone from ripping you off, they provide legal protections AFTER the fact.

So the most important thing is to make sure that those you are showing your script to are reputable.

[JustinoIV]

Well, scripts go through so many hands when they are sent in to prodcos, studios, agencies, etc.

People in the business who are con artists are generally just interested taking money fron naive writers.

So overall, yes, the chances of being ripped off are very small.

Your chances of winning a lawsuit for these matters is very small, unless somebody blatantly plagarized your script word for word.

So basically, just focus on writing your screenplays and selling your work. Since many would be writers can not even get people to read their work, the idea of theft should be the least of your work.

Allegations of theft are part of the reason why people do not like to read scripts unless the screenwriter is known to them, either professionally or personally.

[FJ and G]

It's $30 thru LOC.

Here's specific website: www.copyright.gov/registe...rming.html (http://www.copyright.gov/register/performing.html)

I'm doing it.

[joecalabre]

The chances of getting AIDS is comparatively small too, but we still use condoms when we sleep with people we don't know all to well.

My philosophy... Prepare yourself for the worst but always hope for the best.

You may never need that peice of paper that proves you wrote it, but it's good to know you have it, just in case.

[JustinoIV]

"You may never need that peice of paper that proves you wrote it, but it's good to know you have it, just in case."

I don't think (at least I hope not) that anyone would recommend that someone not register a script. I was just saying writers should not put excessive energy into worrying about theft.

And even if your script was not registered, I see no real reason why they couldn't just take apart your computer and scan your hard drive for proof. (of course, registration is still recommended)

[FJ and G]

Until LOC completes the copyright, I e-mailed my co-worker the screenplay and then had him email it back to me as an attachment. This keeps a date/time stamp.

[joecalabre]

Hey FJ and G,

Best intentions, but...
If you go into your system date and time and change it, every email sent from that point will have that date.

I remember a time I forgot to answer a bosses email, backed up a few days, and then said to him "What? You didn't get my email? I sent it days ago."

Try it. It's fun, especially if you change the date to a hundred years in the future or a historical date (like, July 4, 1776). Also, If you have Outlook, you can even change your name and email reply address to anyone on the planet. I've sent emails to friends from everyone including Jesus to Satan to President Bush.

[FJ and G]

Thanks, Joe, a good tip for the workplace!

[JustinoIV]

"Best intentions, but...
If you go into your system date and time and change it, every email sent from that point will have that date."

Computer industry professionals though, may still be able to determine the exact date.

In various court cases, it has been shown that software often records every keystroke. Someone sent a memo in Microsoft Word to another executive. He had deleted various words. But it turns out the latest versions of word record every keystroke on a document, included deleted words.

All of this maybe recovered.

Email dates have been verified as well, in various court cases.

So I'd say, F, you'd really want to talk to people who are computer experts on how admitable email and other computer evidence is in court.

Most writers here have no ability or knowledge on computers beyond simple word processing tasks.

Some services, such as www.yahoo.com allow you to upload files to an online storage space. It records the date of storage, and no, you have no ability to change the date in yahoo.

For that matter, if you are using web based email services like yahoo, gmail, etc, you can't alter the dates on those messages that are your outgoing mailbox. So how is using email really any different from the WGA?

Script registration is a formality that doesn't really give you any additional protection.

Interestingly, in publishing writers seldom register manuscripts at all. The publishers register the manuscript when it is published.

It's hard to get this through to many writers, but basically, you are unlikely to have your material stolen.

Alternatively, how many of us seen movies that are knock offs of others? It's perfectly legal for someone to see someone else's work, be inspired by it, and create their own. Ideas are not copyrightable. Only original expressions.

Another way of looking at it is if your work is truly good enough for someone to "steal": then you still have no worries.

You'll easily get someone to buy it.

Think about it. Producers and studios execs do not write. Therefore, why on earth would they still your work, only to have to pay another a good sum of money (while knowing full well they could get sued by the original writer).

And even if someone got inspired by your work, you still own your script. Still you can shop it around to people. Still you can sell it.

So it's best to just drop the paranoia about stealing.

[joecalabre]

I agree with Justino.
Too much emphasize is played on a paranoia of getting ripped off, when we should be focusing on writing the best script you can.

As for email, here's what my lawyer had to say...


-----


Hey Joe,
haven't heard from you in a while. Hope things are good.
As for your question...

Unlike US patent law that rewards the person who is first to invent a patent, copyright law protects original works of authorship. If you are the author of such a work and wish to protect the copyright, then you should put a copyright notice on all copies of your work such as Copyright 2004 John Doe – where the year is the year of publication of the work followed by the name of the author. If the work is unpublished then it should read Copyright 2004 John Doe (unpublished) – where the year is the year of creation of the work followed by the name of the author. I know that the books say don't put any copyright or registration notice on a script's title page, but legally, you should.

Copyright infringement is established by showing that someone had access to you work and copied it. Thus, it is more important to prove by say a Fed Ex tracking number whether the party one may believe copied a work actually had access to a copy.

As far as using email, it is a weak form of time stamping at best. You are no doubt aware of the many times emails have arrived with a bogus or late date. There are websites and other services out there that will time stamp your work and provide a third party verification of the date. But again for Copyright protection proving that you had a screen play before others got their screen play is not as important as proving that the others copied their screen play from yours.

Regards, Don

Donald Cox
Law Offices of Donald Cox, LLC
40 Nassau St.
Princeton, NJ 08542-4522

[JustinoIV]

"If you are the author of such a work and wish to protect the copyright, then you should put a copyright notice on all copies of your work such as Copyright 2004 John Doe – where the year is the year of publication of the work followed by the name of the author. If the work is unpublished then it should read Copyright 2004 John Doe (unpublished) – where the year is the year of creation of the work followed by the name of the author. I know that the books say don't put any copyright or registration notice on a script's title page, but legally, you should."

Joe, the current copyright law says that putting copyright notice on your scripts is entirely unecessary.

In fact, no one EVER puts copyright notice on scripts that you send into a publishing company or a production company. It just isn't done. In fact, that might mark the writer as amateurish and paranoid.

Your lawyer is in New Jersey, and he may not be familiar with film industry practices or business, or with NY publishing. What is his area of the law?

And really, how would putting copyright 2004 on said work make a would be plagarizer any less likely to rip off your work?

And in the end, your lawyer says the most important thing is proving others copied your work. So you'd have to prove that someone somehow had access to your work before you could prove that they possibly plagarized it.

[joecalabre]

"And really, how would putting copyright 2004 on said work make a would be plagarizer any less likely to rip off your work?"

It doesn't, because any good producer had you sign a release form, regardless of what you put on the title page.

"In fact, no one EVER puts copyright notice on scripts that you send into a publishing company or a production company. It just isn't done. In fact, that might mark the writer as amateurish and paranoid."

He (I assume) meant, that if you do, then there's no legal question. But if you don't, then it's open for debate.

In either case, the bulk of his comments where to say that it's very hard to prove plagurising, because you also have to prove how they got your work as well.

For the most part, I think he, and I, agree with everything you've been saying all along. Can we get back to writing scripts now?

[JustinoIV]

"For the most part, I think he, and I, agree with everything you've been saying all along. Can we get back to writing scripts now?"

Totally. I'm glad you checked with him to clarify things.:)

As for my own stuff, on my latest script I'm on page 65. I thought i'd be finished with the first draft by now ,and i would have been had I not got a massive case of the flu which made me sleep a lot more than normal. I'm still recooperating. I may finish this weekend or early next week.

[joecalabre]

You ain't gonna believe this, but I'm on page 64. Been stick in the 2nd act for a while now. Kid's getting older and not taking as many naps as they used to...

Feel better.

[BROUGHCUT]

Your lawyer is in New Jersey, and he may not be familiar with film industry practices or business

For the writer working in the entertainment industry, I suggest that anything that is going to be circulated "in the marketplace" (to potential buyers, producers, studios, and so forth) should carry a notice of copyright in order to protect the work.

Brooke A. Wharton: The Writer Got Screwed: A Guide to the Legal and Business Practices of Writing for the Entertainment Industry (1996)

That excerpt is a little out of context, as Wharton means to "fully" protect the work from innocent infringement defence and to comply with the little-known formalities found in the copyright laws of other countries.

Yes, she is an entertainment attorney.

"In fact," you will find that production companies put a copyright notice on all the scripts they own and distribute, so your assertion that there is somehow a different 'film industry/business practice' for writers does not add up.

Few industry professionals will find a discreet copyright notice "amateurish and paranoid". (It is probably paranoid and amateurish to assume that such an inference would be drawn, or that a copyright notice on a properly formatted script would even attract attention.)

Personally, I think it is a good idea to include a copyright notice on the cover of a script whenever it is submitted with a general release form (in which you purport to relinquish your copyright). As Wharton points out, the notice provides a clear warning that copyright is claimed in the work and is likely to be enforced.

Not that an infringer could use a release as a 'license to steal', but the presence of a copyright notice on the script would be an advantage if they had the audacity to argue this.

At the end of the day, the notice is not redundant, it still serves a legal purpose, and it's therefore entirely a matter of personal choice whether it appears or not. You are wrong to suggest that it is otherwise.

[joecalabre]

Well put and thanks for the info.

[JustinoIV]

"Few industry professionals will find a discreet copyright notice "amateurish and paranoid". (It is probably paranoid and amateurish to assume that such an inference would be drawn, or that a copyright notice on a properly formatted script would even attract attention.)"

Then why did I not see copyright notices on the scripts of any of the companies I interned at?

Then why, when I worked on film sets, did not see copyright notices on any of the shooting film scripts?

Also, the title page editor for Final Draft, Sophocles, and another professional screenwriters do not include a copyright field.

The fields they include are Title by Name

Then in the lower left corner of your script, they include

Name
Addeess
City, State, Zip
Telephone number

Following the template for Final Draft, the industry standard software, and you do not have a field for the copyright.

Why do these PROFESSIONAL screenwriting software programs not include a copyright field?

Because it is industry standard practice not to put it on a script!

For those of you who want to obsess about this, if your scripts were allegedly "stolen", entertainment lawyers charge fees between $250 per hour to $400 per hour. I doubt any of you could afford to take on a studio.

And as Joe's lawyer mentioned, you are unlikely to win this kind of lawsuit. I think for the most part, since victory is unlikely, you are not too likely to even get a lawyer to take said case.

Yet another reason why it simply isn't worth thinking about.

As for books, mind you, sometimes the info in them is dated. And not everything printed is accurate.

And I want to say that I'm not being argumentative. That, I'm not at all concerned about being top dog on an internet forum, or anything like that.

But from any professional, direct industry resource, there's no evidence that it is normal at all to put on a copyright anywhere on a script. It just isn't DONE.

[BROUGHCUT]

Nobody is talking about suing studios for copyright infringement, but they are the people who are going to pay six figures to purchase the *copyright* on a script.

Strange to suggest that a studio or any other buyer would regard it as unprofessional/amateurish/paranoid for you to actually take to proper steps to enforce this copyright whilst the script is out in the wild (especially when you send it to companies under a release).

Of course, you don't need the notice if it is being passed directly into the hands of a top producer or a studio, although they will probably slap a company copyright notice on any rewrites you do if they buy it, so it won't look alien to them if you do.

Obviously, there's copyright registration and everything else is a matter of choice.

But including a notice is done, often as a matter of course. Copyright law just happens to be the bedrock of the entertainment industry.

This law hasn't changed since 1996 and flat-out contradicting two attorneys (Wharton and the New Jersey lawyer quoted above) is being argumentative. Unless, that is, your statement "not everything printed is accurate" extends to the copyright statutes?

In my opinion Final Draft's title page wizard is not a "professional, direct industry resource," but Wharton's book falls squarely into this category.

If you believe that Final Draft's title page template is the "industry standard" you must be printing them in 30-60pt.

[JustinoIV]

"Of course, you don't need the notice if it is being passed directly into the hands of a top producer or a studio, although they will probably slap a company copyright notice on any rewrites you do if they buy it, so it won't look alien to them if you do."

And do you know this from working at a studio or top producer?

From the SHOOTING scripts that I have seen, at no point do they put the copyright notice on a screenplay.

"Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work") can be fixed in sheet music (" copies") or in phonograph disks (" phonorecords"), or both."

That's taken from the LOC website, itself.

Writing a copyright notice on a script gives no additional legal protections.

"Notice was required under the 1976 Copyright Act. This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989. Although works published without notice before that date could have entered the public domain in the United States, the Uruguay Round Agreements Act (URAA) restores copyright in certain foreign works originally published without notice. For further information about copyright amendments in the URAA, request Circular 38b."

"In my opinion Final Draft's title page wizard is not a "professional, direct industry resource," but Wharton's book falls squarely into this category.

If you believe that Final Draft's title page template is the "industry standard" you must be printing them in 30-60pt."

Well, that is in your opinion. It is a fact that Final Draft is the industry standard software used to create screenplays. And it's title page template includes nothing for copyright notice. Why? Because it isn't standard practice to put it on screenplays. If it were, it would be on the template.

[BROUGHCUT]

If it were, it would be on the template...
[coughs] ....your Honor.

Do you reduce the huge font size on the "industry-standard" title page template or not?

Writing a copyright notice on a script gives no additional legal protections.
Untrue. It prevents an "innocent infringement" defence, which, if successful, could cut statutory damages by $149,800.

Look, I'm not saying put one on, just that it is not improper to do so and that there are actually circumstances when a notice is appropriate.

Does writing a copyright notice on a script give you additional legal protections if you have sent it to a fly-by-night producer with a signed release?

I don't think that question is easy to answer, which is why I would be inclined to just follow the legal advice cited above, rather than your patchy homework.

[FJ and G]

ok, the concencus appears to be NOT to get a copyright.

but just the same, I think I will to sleep better

[JustinoIV]

FJ &G, there is nothing wrong with registering your script with the Library of Congress. Go ahead and do so.

"Does writing a copyright notice on a script give you additional legal protections if you have sent it to a fly-by-night producer with a signed release?"

A fly by night producer isn't someone who is going to put a movie in the theatres or on cable.

The people who can have deals with studios or with cable companies.

If you tried to sue someone for "stealing" your ideas, as I said, entertainment lawyers cost between $250 to $400 dollars per hour. That's not going to change no matter what you do. Said cases are extremely difficult to prove, and battling them out can take years in court.

Someone would have to basically plagarize your script word for word, or do something close to it, in order for you to be able to win.

So do you have the money to shell out for those kinds of legal fees? Lawyers don't come for free! If not, again, you needn't bother with these worries.

"I don't think that question is easy to answer, which is why I would be inclined to just follow the legal advice cited above, rather than your patchy homework."

No homework here at all. I've worked in the industry and it is normal to put the copyright notice on scripts submitted, or even on shooting scripts.

[BROUGHCUT]

If you tried to sue someone for "stealing" your ideas, as I said, entertainment lawyers cost between $250 to $400 dollars per hour. That's not going to change no matter what you do. Said cases are extremely difficult to prove, and battling them out can take years in court.

Someone would have to basically plagarize your script word for word, or do something close to it, in order for you to be able to win.

So do you have the money to shell out for those kinds of legal fees? Lawyers don't come for free! If not, again, you needn't bother with these worries.

Lawyers are expensive and copyright cases difficult to prove, ergo, a copyright notice is a futile gesture (ergo, copyright registration is also a waste of time, unless you are rich). Shifting the argument like this must be your way of conceding it still serves a legal purpose and can not be called amteurish.

No homework here at all. I've worked in the industry and it is normal to put the copyright notice on scripts submitted, or even on shooting scripts.
Thanks for the clarification.

[joecalabre]

I really tried to stay away from this topic. Oh well. Back into the breach...

Listen. Bottom line is you should do everything possible to protect your work. Sure, if someone is going to steal your work, they can do so easily, but don't hand it to them on a silver platter.

Let's remember it is called a NOTICE. It's not meant to protect you, but meant to tell everyone "be warned I can prove it's mine." It's the same as labeling a Starbuck's coffee cup "Caution, Contents Hot." We know that, but to cover your ass you say it anyway.

Put a copyright notice if you feel like doing it. Some of us have seen it on scripts and others haven't. I really don't think any producer will think your an amateur if you have a (c) on the title page, but that's my opinion.

Just make sure you establish a paper trail for any submission. Don't just send it to a company without knowing who they are and if you feel comfortable sending to them, do so with a release ( even if they don't ask for one, which protects them and you). A release also states what type of registration and protection you have on it.

As for what Justin said... "A fly by night producer isn't someone who is going to put a movie in the theatres or on cable."

You make it sound like you should only deal with the big studios. Good for you. As for me, a sale is a sale. I've done enough work for no name producers who's checks were just as good as the next.

As for lawyers's fees. If you wrote "Coming to America" first and could prove that you sent it to a producer and they made their own version, any lawyer would gladly represent you and deduct his fee's from the settlement or judgement. A true case in point which ended in a very big settlement (million plus). Did the writer put a copyright notice on it and did it make a difference? I can assure you he did register it somewhere or he wouldn't have a case.

As for putting a notice on it, who knows, but I'm not going to stop wearing a seatbelt because car accidents become rare. With my luck, I'll be the one guy who get's killed the very first day.

[JustinoIV]

I don't think anyone would reject your work just because you have a copyright notice on it. I've been a script reader, and we would still have to read the entire script, write a synopsis of it, and rate it.

With that being said, it is still not normal to do so, nor does it offer any legal protections is the point.

"Did the writer put a copyright notice on it and did it make a difference? I can assure you he did register it somewhere or he wouldn't have a case."

He probably registered it with either the LOC or the WGA. It is assumed that when you mail a script to a prodco, that the writers has already registered it somewhere. I'm not suggested that people not register their scripts. All of mine are registered with the LOC or the WGA.

In most cases, though, allegations of script "theft" are dismissed. The Coming to America one made the news because the writer one the lawsuit. And apparently Eddie Murphy or Paramont, or whoever must have pretty much copied the script word for word. That was a smoking gun case. Most of these alleged cases are not smoking gun, and no lawyer will take them.

I don't think anyone would be that stupid these days.

As for the fly night producer, if he can not put a film in the theatre or on cable tv, what difference does it make whether or not he "steals" your script?

No one will ever see it!

For that matter, at any stage of the game, anyone can take inspiration from your work.

I can watch the movie Moulin Rouge, and write my own script about a broke young man falling in love with a hooker.

I can watch Catwoman and write my own script about a female hero. Ideas are not copyrightable, only the original expression.

Likewise, there is nothing to stop the script reader at the agency. prodco, or studio from taking inspiration from your script. There's also no real reason why the reader can't reject your script, take a good idea from your script, incorporate it into his/her own, and use his/her connections to make a sale!

Read those releases you sign. The protect the agent or producer, not you. They basically say that they may receive similiar scripts from other writers that they may sell or producer, and that you understand that it is no plagarism.

Your script goes through so many hands at the producer or agency, and in a few months most of the interns and assistants will be gone. In many cases their will be no record that the intern/script reader was even officially there.

So if you really want to be paranoid, chew on that.:)

Seriously, just focus on getting sold. They say that concern about theft is a sign of unprofessionalism/lack of how the industry works.

[JustinoIV]

There is one, surefire way to ensure that "theft" never happens.

Don't show your work to anyone. Not even your mother. Then no one can "steal" your great works of art.

[FJ and G]

ok, i know more than a few of you think we have beat this ole horse to death, but I have one last tiny question to ask, actually a 2-part Q:

I went ahead and registered my screenplay with Library of Congress. The name of my screenplay is BILLY REB. I did a check and could not find any other screenplay by that name.

In the future, if someone does a screenplay by that name, does the copyright protect me from getting sued by that person because I registered the name first and secondly, does it give me a right to take legal action to protect my screen name

[joecalabre]

Can't copyright a title. That's why there's a lot of films with the same title (type "bad blood" in IMdb and see what I mean). As long as the story, plot, and characters are different, no one can sue or be sued.

In the same token, some titles may be trademarked (tm), like Star Trek or Lord of the Rings. in those cases, you cannot use that title, even for something different, like "Lord of the Rings Jewelers". You will get sued for that. Trademarking is very, very expensive, so don't bother.

Also, if the other title is famous (or infamous) enough, you can expect any producer would want to change the title. In fact, the title is usually the first thing changed from a prod company for a variety of reasons (personal taste, marketing, etc...)

I wouldn't worry about it though. Just make sure you have a catchy title that is easy to remember and fits the theme, plot and mood of your film. ie. using a funny title for a drama is usually a bad idea.

One more thing... As you can't copyright a title, you also can't copyright a fictitious location (ie. an Alien world, like Xeyong Six), character name (Jeffrey Smythe Meadows) for the same reasons as a title. But these things can be trademarked as well, but again too expensive for a writer and not necessary, unless you have a merchandising or franchising deal in place.

[BROUGHCUT]

The film industry has its own system for allocating rights to use a particular title for a theatrical release. It's arbitrated by the MPAA and all the studios and most major production companies are signatories. Any subscriber to the agreement can register intent to use a title and then other members go into 'reserve' positions. At the end of the day, who gets the right to use a particular title depends on the status of the script, attachments, amount of money already spent on development and advertising, whether there is a date set for principal photography, etc. So it is completely out of your hands, the studios have control over the process.

[SimonSays]

Actually it is quite difficult to win a copyright infringment case, as not only do you have to prove that the other party had access to your script, but the similarities have to be quite substantial. Therefore it's not so easy to get an attorney to take the case on contingency as has been suggested.

The lawsuit against Michael Crichton and WB for Twister is a good example. The plaintiff had submitted his script to the studios that made it, and the storylines were similar. But the plaintiff lost. Crichton's wife had gotten the idea from watching a documentary on PBS, not from reading or hearing about the other script.

In the case of Coming to America - which Joe mentioned - Paramount had actually OPTIONED Buchwald's treatment, then when the option expired - produced a film with a similar, though not identical storyline.

If you don't submit through an agency, many production companies will require you to sign a standard release form before they will read your work in an effort to avoid possible copyright lawsuits. Not because they want to steal from you - but because there are so many people coming up with similar concepts.

Unless you write stuff like Being John Malkovich - chances are somewhere out there is a writer with an identical logline.

I'm not for one minute suggesting that you don't submit scripts - you need to submit them in order to sell them.

[BROUGHCUT]

Thanks to another poster for this link. Mark Litwak:

"However, it is a good idea to put a copyright notice on your work because it puts everyone on notice that this is copyrighted material and prevents someone from claiming that they innocently infringed your work."

www.marklitwak.com/faq/copyright.html

I am not advocating its general use -- as I already said, I would only include it in certain circumstances -- but that's two well known entertainment attorneys who disagree with your 'absolutes' on indsutry practice and "current copyright law". Anyway, not to turn this thread into one of the lumbering undead :ssh

[retrostone]

OK, your discussion made me sign up, so let me ask you.
How does registration with LOC or WGA would protect you from me translating your script to Lithuanian? Ok forget Lithuanian what happens when your script goes on AWOL abroad. I personally hate people hiding their scripts considering that maybe 1 in a thousand will become success story and only few will be made anyway? To see your story made you need to collaborate really, get young producers, directors interested. Get your film out! See where it brings you! And keep going. I say, show your script to everybody, and yes it can get nicked, so what if it is, they will rewrite it, change it, use some, loose some but if your original is so great show it to the rest of the world. Let me make it in Lithuanian, Japanese, whatever. What do you think will happen, the story will get spoiled or something if the film comes out sshit. No it will not. The worry is that a great film comes out and … oh my … it is your script, right? Some Bugalu Magalu claims to be the author. What do you do? Now why to go so much ahead in time. You guys write scripts, don’t you know how long it takes for a film to be approved by the studios? Then production, post-production, waiting for the right moment to release it and Bamm! 3 to 5 years later your poor eyes do not believe what they see – your movie by someone else. Thieves, bastards! Right? Now really think again, if you haven’t managed to do anything with that script in that time yourself (and you should have written 2 more scripts by now anyway) you must be extremely unlucky person. Well but that’s all together another matter. Let me come back to the question… How are you protected abroad?

[kojled]

dude. chill. you will not be protected. got it? you look both ways before crossing but you still get hit - so who so you blame? @#%$ happens. there is no protection. copyright it, register it, then write the next one. you're looking for guarantees - this is folly. take standard steps and focus on craft, not protection against hypothetical theft

or - look at it from another angle: let's say you just stole a great script i wrote (which wasn't registered anywhere). what's your next step? call a studio/prodco, somebody. tell them you got a great script. they say 'great, send it over'. a week later they buy it, cast it, start shooting? it becomes a great hit, you live your life, i live mine... can you really see that happening?

chill out and write. i'm not saying you shouldn't look both ways before crossing - but you're standing on the curb arguing whether you should cross, and what will happen 'if i get hit?'

the whole 'will my script be stolen?' thing is too too


zilla