Tip for the kids

Weak2ndAct · October 26, 2003, 05:53:10 PM

Unsolicited advice: though it might seem like a waste of money at the present, I highly urge you all to REGISTER YOUR SCRIPTS. Do it via the WGA or the Copyright Office.

As a newb writer, I used to do this w/ everything I had written, but then recently stopped (being the cheap bastard I am). Sometime down the road, I'm going to be faced w/ a nasty arbitration battle for credit, and if I didn't have proof of my 1st draft, it would all be a moot point.

TheVoiceOfNick · October 30, 2003, 04:10:52 PM

Quote from: Weak2ndActUnsolicited advice: though it might seem like a waste of money at the present, I highly urge you all to REGISTER YOUR SCRIPTS. Do it via the WGA or the Copyright Office.

As a newb writer, I used to do this w/ everything I had written, but then recently stopped (being the cheap bastard I am). Sometime down the road, I'm going to be faced w/ a nasty arbitration battle for credit, and if I didn't have proof of my 1st draft, it would all be a moot point.

Here's a tip... work on multiple projects, and don't show anyone but your closest friends/collaborators... then when you're happy with the drafts you have, and you've collected a few of them, copyright them and go to the WGA to register them... all at once... you can copyright "collections", and this makes things a lot easier and cheaper in the long run. just remember, you can't copyright names, and you can't copyright "ideas"... an idea is way to broad... write your story and protect your ass...

Recce · October 30, 2003, 09:47:23 PM

simpler and way cheaper: Mail a draft of your script to yourself. If ever something comes up where someone ripped it off, you have the date stamped by the post office. Obviously, don't open the envelop when you get it. Keep it sealed.

Ghostboy · October 30, 2003, 11:48:18 PM

Even better -- do both.

I stick to the WGA, though. Only twenty bucks, and you can do it all online now.

TheVoiceOfNick · October 31, 2003, 10:31:31 AM

Here are some other thoughts... mailing it to yourself with certified mail (or express, or whatever) is as POINTLESS as registering it with the WGA... neither of these things offer you real protection in a state or federal court... the ONLY thing that will be admissible as evidence of copyright infringement in a lawsuit, is the official copyright registered with the library of congress in Washington DC... don't let ANYONE tell you otherwise... i have lots of experience dealing with copyright issues...

The WGA registration is like a little industry-insider recognition... even though it won't be taken into account in a real court, studios won't tough someone's script if they know the WGA has it registered to someone else... but if someone doesn't know about (or care about) the WGA, they can rip off your script, and there's nothing you can do unless you have an official copyright from the government.

Recce · October 31, 2003, 11:16:41 AM

Well, maybe in the States, but mailing it to yourself up here tends to do the trick. So I've been told. I've never actually done it, my ideas suck. But we also don't sue each other as much here either, I would think.

TheVoiceOfNick · October 31, 2003, 11:24:58 AM

Quote from: RecceWell, maybe in the States, but mailing it to yourself up here tends to do the trick. So I've been told. I've never actually done it, my ideas suck. But we also don't sue each other as much here either, I would think.

Yeah, United States (especially L.A.) is the lawsuit capital of the world...

step on my shoe, i'm gonna sue...

ok, maybe its not that bad, but you should always try to protect yourself as best you can from slick operators that want to take you for a ride...

Weak2ndAct · October 31, 2003, 01:54:23 PM

The WGA registration will help if you're going to be in the middle of some arbitration (like from the WGA)-- at least that's what my lawyer tells me.

Cecil · October 31, 2003, 02:24:55 PM

mailing it to yourself isnt a replacement of copyright, it just gives you a date of creation, if ever you need to prove that you came up with the idea first.

but are you saying that if, for example, someone steals your script and produces it and copyrights it, and all you have to show is a sealed version of the screenplay in an enveloppe dated before the thief copyrighted his, the court would not believe the script was stolen?

TheVoiceOfNick · October 31, 2003, 02:44:17 PM

Quote from: Cecilbut are you saying that if, for example, someone steals your script and produces it and copyrights it, and all you have to show is a sealed version of the screenplay in an enveloppe dated before the thief copyrighted his, the court would not believe the script was stolen?

That's exactly what i'm saying... the court won't even look at it... that evidence is NOT admissible.

metroshane · October 31, 2003, 02:53:38 PM

There seems to be much speculation going on around here, so here's the straightdope for the US. The first point you must consider is that the law is interpreted (not finite) and you always have to convince a judge or jury that you've been infringed. If you feel you have been infringed, then you must do two things: 1. prove creation date and 2. Prove access, meaning whomever infringed on your copyright had enough access to your work to steal it. This last part is tricky and it's there because there are so many similar ideas that two works can be very similar (almost identical) and legitimately be created separately. Just because you did it first doesn't mean someone lifted it. If you kept this script in your drawer and never showed it to anyone...then they could have not infringed.

Ok, so where does that leave us? Oh yeah, protect yourself. First, your work is copyrighted as soon as you create it. Great what good does that do? That keeps someone from lifting your work and under the law is all the protection you need. Unt-uh, you say? You have to register it somewhere, you say? Not really. So why register you ask? The main reason for registration is for damages. If you win a case on an unregistered work, then your damages are limited and especially minimal. Registering your work allows you to go after more appropriate damages. In photography, for example, the damages for an unregistered work is only around $10K....but registered works can get damages into the hundreds of thousands. And the only place this is applicable is the copyright office of the United States. Mailing yourself a copy hasn't worked (even for establishing date) for many years and the court system doesn't care what the Writers Guild says. So why register with the Guild? Because they are big and powerful and it would certainly help to have them on yourside in a dispute. And 20 bucks is a small price to pay for that.

TheVoiceOfNick · October 31, 2003, 03:05:13 PM

Quote from: metroshaneThere seems to be much speculation going on around here, so here's the straightdope for the US. The first point you must consider is that the law is interpreted (not finite) and you always have to convince a judge or jury that you've been infringed. If you feel you have been infringed, then you must do two things: 1. prove creation date and 2. Prove access, meaning whomever infringed on your copyright had enough access to your work to steal it. This last part is tricky and it's there because there are so many similar ideas that two works can be very similar (almost identical) and legitimately be created separately. Just because you did it first doesn't mean someone lifted it. If you kept this script in your drawer and never showed it to anyone...then they could have not infringed.

Ok, so where does that leave us? Oh yeah, protect yourself. First, your work is copyrighted as soon as you create it. Great what good does that do? That keeps someone from lifting your work and under the law is all the protection you need. Unt-uh, you say? You have to register it somewhere, you say? Not really. So why register you ask? The main reason for registration is for damages. If you win a case on an unregistered work, then your damages are limited and especially minimal. Registering your work allows you to go after more appropriate damages. In photography, for example, the damages for an unregistered work is only around $10K....but registered works can get damages into the hundreds of thousands. And the only place this is applicable is the copyright office of the United States. Mailing yourself a copy hasn't worked (even for establishing date) for many years and the court system doesn't care what the Writers Guild says. So why register with the Guild? Because they are big and powerful and it would certainly help to have them on yourside in a dispute. And 20 bucks is a small price to pay for that.

Couldn't have said it any better myself... in fact, I tried, but I suppose I failed after reading this...

Witkacy · October 31, 2003, 04:58:12 PM

Why give out a wild script here when there are sharks lurking in the waters. For all the idea oriented people.... please protect them before someone rips them off. From my own POV, I'd never give out my script or idea. I do appreciate input from many people but the reality of the industry says.... there are people out there looking for free ideas because their ideas SUCK! Creator beware.

TheVoiceOfNick · October 31, 2003, 05:35:45 PM

Quote from: WitkacyWhy give out a wild script here when there are sharks lurking in the waters. For all the idea oriented people.... please protect them before someone rips them off. From my own POV, I'd never give out my script or idea. I do appreciate input from many people but the reality of the industry says.... there are people out there looking for free ideas because their ideas SUCK! Creator beware.

I completely agree... I would never post a script or idea on this, or any online message board... even if you know the people here, there are people lurking that never even register... they could be stealing ideas as I write this... make sure you're proected, then you can send things out into the world to be seen.

Recce · October 31, 2003, 10:23:48 PM

Damn, I just posted a script two minutes ago. You bastards, stay away!!!