To Copyright Or Not To Copyright...THAT Is The Question...

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  • To Copyright Or Not To Copyright...THAT Is The Question...

    Need your help...

    I've registered my script with the WGA (twice; they advised that if you made significant changes that it would be best to re-register to prove that you made the edits). I'm wondering if I should go ahead with copyrighting it.

    I read somewhere long ago (in a galaxy far, far away...) of some sort of drawback in copyrighting a screenplay with regard to selling it, and therefore it was not recommended.

    Anyone know anything about this? Thanks much!

    Peace.

  • #2
    Re: To Copyright Or Not To Copyright...THAT Is The Question.

    Actually, there is tremendous benefit to copyrighting it:

    If someone attempts to steal your project, even if it's registered, without registering with the Copyright office in D.C. you cannot bring a copyright infringement lawsuit against the thief. You CAN sue under other possible claims, however, but you will be unable to be eligible for anything other than the specific financial loss to you by the stealing of your project. Which means - if your project makes no money for the thief, you receive nothing if you win the lawsuit. If your project DOES make money for the thief, you only receive relief for the specific amount gained by the thief, with no right to punitive damages.

    You lose a LOT of rights by not copyrighting officially.

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    • #3
      Re: To Copyright Or Not To Copyright...THAT Is The Question.

      Officially Copyrighting your work with the LOC permits you to take legal action should your copyright be violated. Something you cannot do with the "implied" copyright.

      As to a sales drawback -- When you sell a spec, one of the documents you are required to sign is a certificate that basically assigns your rights to the work (including Copyright) over to the buyer. You will have to sign this piece of paper, whether you've registered your work with the LOC or not, to get your money.

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      • #4
        Copyright it already!

        Sometimes I think the only reason I hang around the DD board is to respond to people who say "forget about copyrighting".

        Maybe it's the lawyer in me, but there is nothing more important you can do with your writing than copyrighting it. As soon as you have finished your first draft of anything, you should copyright it. It's $30, it lasts until well after you are dead, and it is the best way to protect your rights to your work.

        I post this information every couple of months, but I don't care how many times I do it.

        Once you have copyrighted your work (and by this I mean registering it with the US copyright office) you own all rights to it, including deriviative works - which means that ANY rewrite you do, whether big or small is yours and yours alone. You never have to re-register, although I would suggest it if you've made significant changes and plan on going out with it soon.

        WGA registering is crap. It's only purpose is to establish a date of creation, something that also get with copyright registration. And it only lasts for five years. The WGA services working writers, people who get paid for their ideas. Ideas are not copyrightable. So, you need to register treatments with the WGA before you go pitch them to the studios. Unless your pitching ideas to studios, forget about the WGA.

        The punitive damages are presumed and set at a specific number if you have a registered copyright. It doesn't matter how much money the infringing party made, you still get the damages (last I checked it was $150,000). You could always get more, but that's the LEAST you will get if you sue successfully on a registered copyright.

        There is NEVER a drawback to registering your copyright. EVER! It does not affect the sale in any way.

        The idea of intellectual property rights was propounded by rich people who wanted to exploit some idea to the exclusion of other people's exploitation. What they didn't realize was that the idea would be turned around on them and be used to ensure that the creators of the ideas were justly compensated for their creative endeavors. If not for intellectual property rights, many people would not create, because they would be too poor to do so. Flash forward to present day, and the rules have changed some. Yes, copyright is inferred upon creation of the work. But to truly exploit your work to the fullest, you must avail yourself of the protections that Congress is giving you. A copyright is a "bundle" of rights. It's the right to make derivative works, to publicly perform, to publish, to do whatever you can to make money from your efforts. And it all belongs to you, if you take the step of registering for those rights.

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        • #5
          Re: To Copyright Or Not To Copyright...THAT Is The Question.

          Thank you, Warm.

          If you do not copyright, you lose the right to argue copyright infringement. I would say that's a BIG right to lose. Also, to reiterate what I said in my previous comment, there are other statutes you can file a suit under. However, those suits will not yield you that which a suit under copyright law would yield. So don't take what I'm saying as "logic," it's legal fact.

          Someone throwing out their 'lawyer' title doesn't really mean much of anything if their experience is not in the legal area of subject. Unfortunately, I've had to deal with a copyright infringement situation, legally, and had to learn the hard way. And my (now) attorneys are experts in the field of copyright...IN the U.S.

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          • #6
            Re: To Copyright Or Not To Copyright...THAT Is The Question.

            Sorry if I misled you dangerwillrobinson. I thought the situation was much the same as our own here. Copyright is automatic here as soon as you finish your work.

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            • #7
              Re: To Copyright Or Not To Copyright...THAT Is The Question.

              dwr,

              I've heard that copyrights slow the sale process. I wouldn't. Registering it with the WGA is fine. Your work is automatically copyrighted anyway. 'When it's created, it's copyrighted'.

              AG
              Seattle

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              • #8
                Re: To Copyright Or Not To Copyright...THAT Is The Question.

                Do not copyright your script.

                And leave your keys in your car and the door to your house open.

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                • #9
                  Re: To Copyright Or Not To Copyright...THAT Is The Question.

                  Hi -

                  This is just a belated "thank you" to all of you who replied. Thanks so much for the info and insight. All the best to you!

                  Peace,

                  dwr

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                  • #10
                    Re: To Copyright Or Not To Copyright...THAT Is The Question.

                    Listen, this thread has not shed light on copyrighting at all :/ Is there a lawyer in the house?

                    :rollin

                    Take care,
                    Melissa

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                    • #11
                      Re: To Copyright Or Not To Copyright...THAT Is The Question.

                      Hey Melissa!

                      I don't think copyrighting hurts or helps. If I was writing a novel, I'd copyright. I register my screenplays with WGAw like I'm supposed to. I don't think anyone is going to steal my screenplays. If they do, I'll worry about that when the time comes. It's not like I'm never going to write another good screenplay. And who is going to steal a written screenplay? It's too much trouble. I'm sure it happens, but I don't want to be that paranoid over my work. I'd worry more about posting a logline here.

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