Legal question about buying photocopied scripts

[bbarlen]

Hi Everyone,

This is something that I've been wondering about for a while... I assume that it's not legal to distribute photocopies of screenplays, since they're owned by the studios.

However, I know that there are businesses that specialize in providing exactly this service... I've ordered scripts from them before, and I appreciate the resource, but how exactly does this fly? Studios seem ultra-strict about their intellectual property, and I'd assume that screenplays fall under this category.

I see that there are some places that will e-mail you a PDF when you pay them, and then you print it yourself... This seems even sketchier - how do they do it?

Bob

[Deus Ex Machine]

Why would emailing a PDF be even sketchier? It's still the illegal sale/publication and distribution of copyrighted material without the consent or remuneration of the copyright holder regardless of if it is electronic, on paper or carved in stone.

They get away with it because they can. Studios know that they depend on being able to read and circulate scripts in order to do their business so the last thing they want to do is create a precedent that may endanger their own business practices.

[bbarlen]

I just meant that with PDFs, it's easier to distribute the script to many people instantly. With photocopies, someone at least needs to make a physical copy and ship it. I also thought that in some cases when you were paying for a copy, you were really paying for "copying charges" and the actual cost was "nothing".

I'm not criticising the places that sell these scripts, I appreciate the resource. It just seems that studios are so hard-nosed about all other things, so looking the other way on this issue surprises me.

Bob

[KD The Wubat]

I see what you're saying, but I would hazard the guess that since the script isn't the finished product (of course writers might argue with that), it's different- sort of like circulating the lyrics to JayZ's new song rather than swapping the song itself.

Also, since there's a fairly small and specific audience for scripts, it's not like it's going to hurt their bottom line- few people will decline to go see The Eternal Sunshine of the Spotless Mind just because they've already read the script.

Just my two cents. :)

[OzFade]

Sorry to revive a dead thread but I've been wondering about this as well lately.

Now in Australia there aren't any places to buy screenplays apart from those shooting script books and screenplay in book version ones you can buy in bookstores (limited range).

So if I wanted to buy a script (especially one I can't find on the net) I'd have to order from an American site like Script Fly etc.

How are they able to sell these scripts? Do they have the rights...do they have permission?

I've been thinking that maybe I should start selling copies of produced screenplays via e-bay (Australian one) for educational purposes as I know there are those who want to buy but do not want to mess around with American sites (currency conversion/postage and handling etc).

How would I go about doing this? Can I do it off the bat until I get shut down or would I need permission from the studios that the screenplay belongs?

[Mac H.]

Now in Australia there aren't any places to buy screenplays apart from those shooting script books and screenplay in book version ones you can buy in bookstores (limited range).That's not true anymore, but for the life of me I can't find their list or weblink anywhere.

They ran a table at one of the Sydney Popcorn Taxi event last year - the one with John Truby. (28-Sep-02005)

I looked through their list, and many of them seemed like they'd just printed the PDF file from the web and then charged you $30.

They seemed VERY overpriced, when I'd rather have the PDF file. (I can print it out for free at work).

Oddly, they had almost no Australian scripts. I was trying to get a script for 'The year my voice broke' and finally discovered that the National Screen Archives can photocopy it for me. Unfortunately I won't buy it until I know how much it will cost. They won't tell me how much it will cost until they know how many pages it is. They won't look to find out how many pages it is until I agree to buy it first.

Stupidly, even now they don't accept the scripts in PDF format, where they could distribute them free. They have a long way to go before hitting the 20th Century - even though we are in the 21st now.

The option they seem to have taken is simply to do it and not bother asking permission. Australian copyright law is odd (to Americans) because there hasn't been any ruling about personal use or 'time shifting'. That means that it is still technically illegal to record a TV show with your VCR - even though it is accepted practise.

That is one of the reasons TiVO hasn't made it here - the legal headaches. (That and the minor fact that we have about 1/20th of the USA's population.)

Hope you do go ahead with the idea. You can't have a WORSE net presence than the other one - google can't seem to find them.

Mac.
(PS: OzFade: Since you are Australian based, do you have a script with 'elements of both drama and comedy'? I know a Melbourne based director with access to funds who is looking for such a script. Email me at _M_a_c_H_a_r_w_o_o_d_@_h_o_t_p_o_p_._c_o_m_ if you want more info)
(PPS: Happy ANZAC day.)

[OzFade]

$30 for a screenplay! I wouldn't go that high...I was thinking more along the lines of printing fees (worked out between paper and ink), postage fees + a little extra for me...I mean why not.

That’s not a lot of money.

One of the things I was going to do is try and track down a lot of great Australian scripts.

I did a search for specific Australian companies that sell screenplays and couldn't find anything so I figured I wouldn't have any competition. Question is whether or not to sell via e-bay or get a proper website (not that expensive...plus I know a guy who can set me up) and sell through there.

I think the worst that will happen is that I get told to shut down my operations. So looks like I'll be in business very soon. Just need to set up, get my act together, get my brads and I’m done.

Funny you should mention it...I do have a screenplay with 'elements of both drama and comedy'…thing is though it’s currently set in Brisbane but that’s only referenced via a character. Easily change that to Melbourne.

I’ll send an e-mail for the info.

Oh btw…it’s Australia Day :p

[ptandjc]

Hi Everyone,

This is something that I've been wondering about for a while... I assume that it's not legal to distribute photocopies of screenplays, since they're owned by the studios.

However, I know that there are businesses that specialize in providing exactly this service... I've ordered scripts from them before, and I appreciate the resource, but how exactly does this fly? Studios seem ultra-strict about their intellectual property, and I'd assume that screenplays fall under this category.

I see that there are some places that will e-mail you a PDF when you pay them, and then you print it yourself... This seems even sketchier - how do they do it?

Bob
They state they are for "educational purposes only".

[OzFade]

I thought that would be the clincher...all I need is a disclaimer saying for educational purposes only

[Mac H.]

Aww hell - I don't even know our national day.

That's going to be the new requirement - like NOT knowing the words to the National Anthem...

Mac
(PS: A disclaimer saying for educational purposes only is not a 'magic bullet' to make it legal. A Kinkos copy centre near Sydney Uni tried that - they offered reprints of lecture notes for sale with 'For education purposes only' printed on them. It didn't work. They were sued and lost.)

[OzFade]

eeep