March 26, 2006
Copyright and Writers Guild Registration
You have poured yourself heart and soul into your script and now you want that effort to get noticed. Many people wonder about the security of sending their writing out into the world. The only surefire way to keep your writing safe from thieves is under lock and key. But is that really an option?
Chances are your writing is not going to get stolen. Think about it. If a big-time producer wants your story, it would be a lot easier to just buy it from you rather than hiring someone else to write it from scratch. And anyway, worrying about these things takes away from the creative process and we want none of that.
Your finished product is a gem and just HAS to be produced or published. So get it out there. Be determined, focused and persistent and get it done. Then you can relax. Hmmm, well, some of you at least. The rest of you may continue to find other things to stress over.
But this article is about Copyright and Writers Guild registration. And there is value to registering your work with the Library of Congress (LOC) Copyright Office and the Writers Guild of America (WGA). It is your work and deserves to be recorded as such. Registration is inexpensive and verifies when you finished (??) your work. So, here are the ins and outs of protecting your work.
[The bold parts are your questions, followed by my answers. Play along at home.]
Does registering my work mean it is copyrighted?
No. Copyright is established as soon as you put words on paper (or computer screen). Nothing else needs to be done to gain actual copyright. You have put those words together and they are your Intellectual Property.
Then why should I register my screenplay?
Registering with the LOC Copyright Office provides evidence of copyright ownership. It is legal protection of your Intellectual Property.
Remember that producer we think would rather buy your script than steal it? Well, if we turn out to be wrong (we are not wrong) and he does steal your screenplay (he will not) you cannot sue him unless you have your screenplay registered prior to the date he uses it. So, timely registration will allow you to recover statutory damages and attorneys fees from the thief.
WGA registration provides proof of authorship.
Registering with both offices gives you legal recourse and perhaps some peace of mind.
Once I send the script to the LOC how long will it take for the copyright to be registered?
The copyright registration is effective as soon as the LOC Copyright Office receives the material along with the proper application and fee.
You may send the screenplay registered or certified mail with return receipt to have a record of the date they received the material.
How long until I receive official notification?
It takes several months.
Can I send other written work or only screenplays?
All literary work (and many other original materials) may be registered.
How long does my copyright last?
Works created after January 1, 1978 are protected for the author’s lifetime plus an additional 70 years. If there are two or more authors the copyright is effective for 70 years after the last surviving authors lifetime.
Works created anonymously or pseudonymously as well as works for hire have copyright for 95 years from 1 st publication or 120 years from creation, whichever comes first.
Do I need to register my copyright to receive this protection?
No. But copyright is still proof.
How do I register my copyright?
Just visit www.copyright.gov to register your screenplay or other original work.
What about the WGA?
The WGA has two branches, east ( New York City) and west ( Los Angeles). You can register your material at either branch.
Is registration the same at both branches?
There are a few differences…
At the WGAeast…
www.wgaeast.org (212)757-4360 recorded instructions
* Registration is good for 10 years. (renewable)
* The writer(s) may have the material back at any time. You will need to give the WGA 7 business days notice and the then-current withdrawal fee. Retrieving your work defeats the purpose of registering it since the seal on the registration envelope will be broken.
* The WGAeast will also release your work upon presentation of a court order. No copy of the work will be retained with the office.
* You may register in person, by mail or online. They accept Visa, MasterCard and money orders. No cash.
What about the one on the other coast?
At the WGAwest….
www.wga.org (323)782-4500 for the Intellectual Property Registry department
* Registration lasts 5 years. (renewable)
* The author(s) may later purchase a copy of the material at the then-current registration price. The WGAwest WILL retain a copy in their records. Registration will continue.
* A court order may be used to obtain a copy of the material. The WGAwest will retain a copy.
* You may register in person, by mail or online. They accept Visa, MasterCard, cash, checks or money orders.
Do I have to be a member of the WGA to register my script with them?
No. Anyone may register ANY written material with either branch of the WGA.
Are there other ways to establish completion date of my material?
Yes. There are several services available which will date stamp your material, but they are not through the U.S. government (LOC) or WGA.
You can send a sealed envelope with your script to yourself via the US Postal Service. Just make sure there is a postmark with clear date and that the envelope stays sealed. This does not replace either method discussed here but it cannot hurt.
Is there anything else I should know?
You cannot copyright ideas, only the written expression of ideas.
Registration does not protect titles. You need to contact the U.S. Patent and Trademark Office at (800) 786-9199 or visit their website at www.uspto.gov for information on registering titles.
Never send the original or only copy of your work. Retain at least one copy for yourself.
Keep your registration material/certificates in a safe place.
Please understand that the above is not intended to and does not constitute legal advice. Consult your attorney for legal advice.
And, most importantly?
I am so glad you asked. -- Get your work out there! (That constitutes creative advice.)
© 2006 Laura Modlin. All Rights Reserved.
