There are three ways to protect your script. However, there are numerous reasons you’d want to protect your script at the same time. The reason being is that your script whether it’s for TV, movie, or theatre is your intellectual property meaning you’re going to have to protect your stuff. Meaning, if you’re not protected someone can steal your script and do all sorts of stuff and say it’s his/hers.
And there would be hardly anything you can do about it. You could get a lawyer but it would be your word against the person that "stole" your intellectual property. But that’s going to cost you a lot of money especially if and when you lose the court case. You’re going to have to pay for the court costs and the legal fees. Keep in mind with the "he said, she said" stuff, most lawyers aren’t going to take your case. Meaning your stuff got legally "stolen" because you didn’t protect it.
If your script is not protected there is also the possibility that someone could make a storyline and script that’s almost a hundred percent similar to yours. And then they copyright the stuff then you can get sued for copyright infringement which can carry a steep fine. And they’re within their full legal rights to do so in the process.
I’m currently a freelance screenwriter so I have to know how to protect my intellectual property. Also if not copyrighted, you have no legal leverage when offering your script to be put for sale. Protection gives you bargaining power when your script is being optioned or under consideration for being bought. There are numerous events such as the Screenplay Expo in Los Angeles where people go and pitch scripts. If your script is not protected, someone can snatch that idea and you have no legal grounds.
Even movie studios tend to the do the same thing. If you’re not protected and you go up against them, they’re definitely going to use their money and hire the best legal help that money can buy.
These reasons alone are motivation to protect yourscript.
There are three methods to protect your script:
– United States Copyright. When you register for a copyright, your script will have an official record of copyright registration. Your records will be placed in the Library of Congress. This is the best way out of the three methods to insure that your screenplay is protected. The thing is, copyright can get pretty expensive with you paying at least $80-$100 for each draft. Like me if you intend on writing up multiple drafts, wait until you have the final draft written out and then register for a copyright. That’s the surefire way of preventing someone from ripping you off. When you register with the US Copyright office, it insures your ownership. Plus a copy of your script will be in the Library of Congress as well. The copyright is good for your entire life and 70 years afterwards. This is the best way to protect your script.
– Writer’s Guild of America. Though it’s not a copyright, registering with the WGA will provide writers the assistance they need. But it can be accepted in the court of law because it will establish the date that you had posessed the material that was being registered. This will help the writer a lot if someone plagerized his/her work. It’s basically registering an idea and not the screenplay itself. However, make sure your ideas are more expanded, elaborated, and well thought out before registering your screenplay with the WGA. Because there are writers that can be on the same wavelength. WGA registration is only good for 10 years. But WGA registry won’t be enough to bring a copyright case to court. Non-membrs can register their scripts for $20 each. Members can do it for $10 each. Copyright first and register with the WGA because it’ll bring evidence that will make your case stronger.
– Poorman’s Copyright. This basically mailing the script to yourself. The reason it’s called the Poorman’s Copyright is that it’s far much cheaper. You’re basically using the United States Postal Service and/or a notary public to date your intellectual property. A friend of mine has done the Poorman’s copyright a few times before because of the very low cost and convenience. It’s based around if your script was misused by a third party, it could establish a legalized date of possession. But because anything can be put in the envelopes that people can send to themselves, this method isn’t going to hold up in court. So this is the worst method to use to protect your script. If in Europe, it’s going to be much harder to establish ownership through the Poorman’s Copyright.
So the best way to protect your script is registering with the United States Copyright Office. Afterwards if you want, register with the Writer’s Guild of America. But if you’re strapped for cash, elaborate on your screenplay and register with the WGA because it’s cheaper. When you have the cash and are ready with the final draft, go ahead and register for a US Copyright. With intellectual property, you can never have too much protection.
It’s very neccessary to protect your scripts when presenting to studio execs and agents. If you’re entering some online screenplay contest, definitely protect your stuff. The internet is the one place where your intellectual property can get stolen.
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