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Here's everything you need to know about copyright...
You've written a screenplay, a book, some poems, a novel - your latest literary creation. Now what? If you're like most writers,
you'll suffer the inevitable paranoia that your work will be plagiarized the minute you send it to a producer hungry for the
next big hit. You think you've written the most perfect screenplay known to man. Ok, so it's not perfect, you admit, but the
IDEA is great. Surely, they'll pinch the idea!?
You are your own greatest fan. Truthfully, your idea is probably not as good when it hits the real world; no matter what
fantasy you have created about it. As writers (and I include myself in this scenario!), we are all sadly deluded as to our
own greatness "Not me," I hear you saying, "I really AM great, speak for yourself!" Well, guess what?
All this applies to you, too.
Let's dispel some common myths about writing and copyright, as there seems to be a common confusion as to what it's really
all about.
COPYRIGHT IS AUTOMATIC
That's right. It's automatic - the second the ink dries! If you've created a literary or artistic work, copyright is created
automatically by virtue of its creation. The US (and most countries) ratified what's called The Berne Convention that went
into effect in December 1887 and it's this law that protects you.
It is a good idea for you to mark your copyright work with the copyright symbol © followed by your name and the date,
to warn others against copying it, but it is not legally necessary in the US.
Ever wonder why Hollywood produces two films about a comet hitting the earth (like Armageddon and Deep Impact)? That's
because you cannot protect ideas, only the expression of an idea. Anyone that's ever sent their script to Hollywood will know
that it comes back unopened anyway. Why? They're all too worried about law suits. Trust me... if they like your idea, they'll
buy it.
By the way, if you want to send your script to some big producer like Jerry Bruckheimer, for instance, it has to go through
a recognized literary agent (that doesn't include your neighbor's gardener's cousin pretending to be one either).
PROTECTING YOUR COPYRIGHT
Ok, so you've written your script, but you STILL think someone is gonna pinch your idea. Fair enough... sometimes it happens.
In our experience, much less then you think. But it doesn't hurt to protect yourself. We take out insurance against everything
else in our lives: car damages, home, travel, death (all the inevitabilities!), why not a kind of insurance for scripts?
Yes, copyright is automatic, but how do you PROVE that you own the copyright? This is where contention arises. The most
common way of proving ownership is to establish the date of creation of your work. You do this by registering your work with
a third party. Forget sending yourself your work in the post. It's just altogether less effective.
The Writers Guild of America has a script registration service whose sole purpose is to protect literary work. The smart
thing to do, as soon as your done with your revised "first draft," is to register your work with the WGA.
The way it works is like this. You visit the WGA website. You upload your work for a small fee ($10 or $20 for a five
year registration, depending on whether you're a Guild member or not). You are then sent back a unique serial number that
you can apply to the front of your work. The WGA records the date of creation and in case of litigation, can provide evidence
to this effect.
This is helpful in that when you place the serial number on the front page of your screenplay, it acts as a visual deterrent
to any would be plagiarist, snipping the act of plagiarism in the so called literary bud. They'll think twice about pinching
your brilliant little baby.
Do be aware that the WGA does not verify the originality of your work. This is for a tribunal or court to decide (if it
ever got that far). It's always good to keep a paper trail of everything you do, and everyone you send your work to. But you
cannot and obviously should not register something that infringes any third party. If someone else created it, someone else
owns the copyright. This applies to virtually everything -- photographs, music, web pages, designs etc. You always have to
seek permission from any third party.
ADAPTATIONS
You may be interested in adapting a book. Unless the work is in the public domain (public domain is life of author plus 70
years), it is going to be owned by someone. In fact, the author's estate or beneficiaries may still own every work you think
might be in the public domain. If in doubt, check. With clever hunting, one or two phone calls will get you the answer you
need.
Your first port of call is to call the publisher and ask who owns the film rights to the work. Often this is something
the publisher has negotiated with the author. Either way, they will be able to tell you who to call next, be it the author's
agent... or maybe even the author himself.
If the rights are available, your next step is to "option" the work for a period of time. This is like taking
out a short-term lease on the project. You pay a fee for a window of time, say one year, and have the exclusive right during
that time to try to make the work into a film. Sometimes with unknown authors, you can get the option for nothing (a nominal
contractual fee of $1), but don't expect to get the latest John Grisham book at this price.
PROTECTING TITLES
Bad news for you. There is no copyright in a name, title, slogan or phrase. So you can't sue Working Title under the assumption
that you own copyright to the "Four Weddings & A Funeral" because you had the idea first. Sorry, pal.
You may be able to register your ingenious title as a trademark, if you want to go to all that trouble, but it's probably
not worth it. The Academy Awards (Oscars) are trademarked, so is Coca-Cola, but most film titles are not. For more information
or to register a trademark (TM), visit the Patent Office website.
You'll be interested to know that most studios register formal copyrights of their work with the Library of Congress.
That, by the way, includes the script which may have started out as your screenplay. When you sell it to them, they own it.
For more information, visit the Motion Picture Association of America (MPAA), which was set up to protect and enforce
copyright infringement and illegal piracy of film - www.mpaa.org
Also check out the Library of Congress, where formal copyrights can be registered: http://www.loc.gov/copyright/
SOME FINAL WORDS
Ok, now you know how copyright all works. Pretty straightforward. But let's sum up:
1. Write your script
2. Register it with the WGA
3. Stop worrying and get on with it.
Ever wonder why you haven't made it yet as a writer? Here's a key thing to think about: are you stalled in neutral? This
is the most common cause. You sit around complaining about the state of the film industry instead of actually taking action.
Guess what... IT'S NOT GOING TO COME TO YOU!!! YOU have to go to it. Change gears, get into drive. Don't get stopped by "NO!"
You have to work through "no." Don't make it mean anything.
Most importantly, you've written your one screenplay and sent it out, got loads of rejections and collected letterhead
from all the major players (which you'll no doubt throw back in their face one day). Ask yourself "are you doing everything
you can do to get this out?" I mean everything? Who are you on the phone to today? Set yourself specific measurable tasks.
Finally -- are you still writing? By the time you've read this article, your project is now old news. Want to be a writer?
Write something else. And when you're done with that... get straight on to the next project. Instead of being attached to
your work... just be committed.
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