ASK & DISCUSS INDEX

1 year ago - Alwyne Kennedy

A while back, I registered a script with the US Copyright Office - https://www.copyright.gov/registration/performing-arts/ I did that because a production company required scripts to be registered with that office before submitting.

I seem to recall that if I needed to make a copyright infringement claim, then the US Copyright Office would fight my case (in exchange for the registration fee I paid, and perhaps an additional fee). However, it is a long time since I looked at it in detail and things may have changed since then.

Be aware that there are a number of opportunist copyright registration companies that make a pretence of being official, even so far as to make their websites look a bit like official government sites, or at least there was when I registered my script with the US Copyright Office several years back. The link I provided is the real deal (unless I've turned into an idiot or something).

1 year ago - Chris Chandler

Copyright on a literary work - including a film script - exists as soon as it is written. The question is to have proof of authorship and of the date of authorship.

Registering a script with any agency or entity is one form of proof - but in many ways is a waste of money - you already have copyright and the 'registration' is essentially only giving you a date and a reference point.

The advice, as you say, used to be to seal a copy of your script in an envelope/parcel, sign (or put some other mark) over all seams, send it to yourself in registered mail (which gives an incontrovertible date) and to not open the parcel when it arrives.

This will establish a date - if anyone comes up with a plagiarised version after that date you have hard proof that your version came first.

Now that all creative work is digital (assuming that you're not typing/writing your script longhand) your computer will generate a digital timecode on the computer file/s which is difficult (though not impossible) to fake. If you were to get into litigation (and heaven forfend) then that, and a paper trail of earlier drafts, research materials etc would be important evidence.

In the end, all registrations and proofs are only valuable if you have the will and the resources to prosecute any breach/theft. Not always easy if the offending party is a big corporation with deep pockets!

A related point is that copyright protects the specific expression of an idea. To give an example, a colleague and I, several years ago, began work on a feature project about Christopher Marlowe - only to discover that there were at least two other Marlowe projects out there. Even though our treatment and script had been seen by one or two other people, there was no suggestion of plagiarism - just that some ideas are a bit zeitgeist-y. The idea isn't copyright, only its expression. M'learned friends can make a fortune in arguing over whether a work is 'similar enough' to constitute a breach!

1 year ago - The Script Vault

Hi James,
I'm afraid you're wrong in thinking that posting or emailing your work protects copyright. In the UK copyright occurs automatically as soon as you create a piece of work, there isn't a requirement to register it with a legal body as there is in the US, however creating copyright is one thing but protecting it is a different matter. Nowadays many producers/companies ask you to copyright register your script before sending it to them, particularly in the US, where the two US Writers’ Guilds have been providing a script registration service for many years.

So what can you do to protect your copyright in the UK? Well there have been two ways that writers have done this in the past: 1) Send a copy to yourself by post and don’t open it, that way if your copyright is infringed the sealed envelope and postmark proves the date it was sent and the contents, or 2) Store a copy with a solicitor or a bank for pretty much the same reasons. Posting a copy to yourself is known as ‘poor man’s copyright’. It seems cheap but is actually expensive when you realise you’ve almost certainly wasted a stamp! Going into a court room to prove your case with what might by a grubby postmark isn’t ideal and even if it’s crystal clear, even the most junior barrister will rightly point out that all your envelope proves is that ‘something’ was delivered. The envelope could have easily been steamed open and resealed with a different script in order to fraudulently claim copyright theft. As for option 2), well most high street banks stopped storing documents a few years ago and if you can find a bank which still has safety deposit boxes you’ll be paying a hefty annual fee, the same goes for solicitors.

There are UK based copyright registration companies out there and whilst registering your script with an independent 3rd party isn’t essential to create copyright, in the event of a dispute it’s likely to be extremely helpful as the company can confirm the date they received the script and can also confirm that the writer has not had access to the script and thus the contents are exactly the same as the day the script was registered. The Script Vault is the only copyright registration company recommended by the Writers’ Guild of Great Britain and in fact has been recommended by them since the company was formed 22 years ago. I started the company when my own copyright was stolen and throughout that time we have helped writers with their copyright issues and given them piece of mind when sending work out by providing an inexpensive registration and script storage service. Nowadays we receive scripts and store them electronically and in the event of a copyright dispute we are at hand to offer advice and if legal action is necessary we can refer clients to the Writers’ Guild if they are members, or alternatively to solicitors specialising in copyright issues. I should also point out that BECTU have their own copyright registration service for members but it is a ‘hard copy’ only service.
Regards,
Fred Lawless - CEO The Script Vault
www.thescriptvault.com