Hello. Does anybody know what is the best way to protect the authorship of my script in the USA?
I am an Irish writer/screenwriter and we have automatic protection here when we write something and I can share it, but I read that I need to be careful when I send out my work to the USA. I don't want to be disrespectful to American professionals/companies, I am just cautious. Do I need to register my script in the US or manuscript if it is adapted into a screenplay before I submit my work to anywhere? Thank you!
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Hi Tatiana. Writers Guild of America offers a simple registration service which is widely recognised and accepted in the USA and is sufficient for submissions. At a later stage if you''re going into production you can also copyright at Library of Congress. https://www.wgawregistry.org
John Clive Carter Thanks very much John!
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It's a conversation that been done to death but it's commonly agreed that the best route is to register a claim with the Library of Congress (LoC). WGA registration should only be additional to that. Their site even states this.
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CJ Walley Thanks for this! Can I register just first episode or can I register episode & pitch deck as it has the description of other episodes & characters? Does the Library of Congress accept Pilot?
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Tatiana Tierney, with a TV concept, it's the show bible that's considered the most valuable asset. That's where most of your IP is tied up, so that's the document to prioritise protection of. Personally, I'd probably bang everything into one document (bible, pilot, episode) and register a claim to that. I'm not sure what their categorisation is, but I don't think that's critical.
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CJ Walley So helpful !! thank you CJ Walley, much appreciated.
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CJ Walley reg. title when register ...because the pitch deck is included, shall I add just title e.g. A Thread of Secrets" or Thread of Secrets Pilot?
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Mike Childress Thanks very much Mike. I just submitted my application to register my works and separated the pitch and the pilot as there is only one option for unpublished works - minimum TWO documents, so I had to make two instead putting everything in one document. The second one....I made a mistake not to add Pilot. I guess I have to email them asking to add Pilot to the title as it is on the title page. It's just what you said. Appreciate your helpful reply Mike!
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Glad you got it sorted. Good call by Mike Childress about keeping fees down. I wouldn't worry about the word pilot either.
I am probably one of those who worry least about somebody stealing from me. My attitude is that if somebody in USA steals my translated screenplay, then it will be easier for me to sell the play version in my native country. Plus selling other scripts in my native country.
It was already copyrighted in the USA the minute you wrote it. So for $25 , register it with WGA, just for proof of approximate time of creation.
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The USA isn't part of the Bern Convention. WGA registration is next to useless on its own as it isn't applicable for statuary damages, which most writers will need as a baseline claim to take legal action. It frankly amazes me how people can't find a few dozen dollars to help protect something that might change their life.
It mut be nice to have dough! At $75 a pop to the government it adds up quick.-- Features, pilots, shorts, etc. With creation copyright and $25 WGA cost, I sleep well.
I I a poewagree with John!
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In the U.S., a copyright, registered with the Library of Congress in D.C. (either online or by mail), at Copyright.gov, is the only meaningful protection. WGA registration can help establish date of first creation, but is not a substitute for U.S. copyright, and does not provide the same protections. You also can't sue for copyright infringement without first having a copyright that is registered with the Library of Congress. Also, most producers will not option or buy a script unless you can prove chain of title (and show them your copyright certificate). CJ Walley, above, is correct.
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There's aspiring editors out there paying thousands for a rig good enough to just to practice on. There's wannabee sfx artists spending $70 a month on Adobe Creative Cloud. There's hopeful directors hiring crews just to shoot short films. I'll never understand writers grumbling over $250 for Final Draft and $50 to protect a script.
Writers Guild of America West script registration - fast, easy, good for five years
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Literally from the WGA Registration website page
"Registering your work with the WGAW Registry documents the claim of authorship of a written work and does NOT take the place of registering with the Library of Congress, U.S. Copyright Office which primarily documents the ownership or rights of written work. While both create legal evidence that can be used in court, we recommend contacting the Library of Congress directly with any questions regarding COPYRIGHT procedures or practices."
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I agree, CJ and I read it every time I register something with them because that is all I can afford and that is tough. Best, Jed.
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My producing partner Shane Stanley had a script stolen from right under him. You can watch his interview about it here.
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Since one can't copyright an idea, and there are many identical ideas out there in the Zeitgeist simply by coincidence, in general writers worry way too much about someone "stealing" their script or idea. However, one should always register the copyright on all scripts one writes before showing them to anyone. And it's true that if somebody has a script based on a real person or true historical event-- or a very high-concept, clever and original commercial logline-- it would be best not to post the logline in any public forum since the concept can't be protected by copyright or anything else. And while it's the execution of the idea, and not the idea itself. that counts the most by far, if you have a really original commercial hook--- or a logline/script based on anything in the public domain-- it would be best not to post the concept or script in a public forum, especially one commonly used by screenwriters or the film industry. People might copy it unconsciously and simply forget where they saw it.
If a major studio or a truly famous filmmaker or movie star makes a film on the same topic as yours, there is unlikely to be room in the marketplace for more than one. For example, if you have a biopic script about Bob Dylan right now (even assuming you could get the life rights, which of course would likely be impossible), nobody is going to make that movie-- at least not for a long time to come.
Screenwriters and studios are always coming up with ideas that are going to resemble something you thought of or wrote-- at least if you're any good. 99.9% of the time, it's just a coincidence and a function of the fact that good screenwriters know what's marketable and have a similar thought process. Sooner or later, just by coincidence, somebody else is going to do the same story you're writing (especially if it's based on history or something else in the public domain)- or probably already has, which means you need to check what's already out there and in development. Nearly 100% of the time this is just a coincidence. Over the course of my long career, this has happened to the majority of my treatments and scripts. Legit producers don't steal scripts, it's not worth it to them, and screenwriters and producers have plenty of good ideas of their own and don't need anyone else's. When scripts are "stolen" it's the rare exception that proves the rule. Also, if you are writing a biopic, for example, and you know there is a movie currently or recently already out there on the same topic (or in the works), if you decide to finish your script anyway it's a good idea not to see that other movie-- because you don't want to risk being falsely accused later of taking something from their film or script. As a screenwriter, if you become successful you are far more likely to be the victim of a nuisance lawsuit in which you're falsely accused of taking somebody else's work, than to be the victim of copyright infringement.