This has popped up in several news sources, the story at The Hollywood Reporter is in layman terms and not paywalled.

The Supreme Court took a step to make the rules for suing over copyright infringement uniform across all jurisdictions within the US.

Unfortunately, the new uniform rule is not favorable to amateurs.

In a nutshell, you can't file a copyright infringement suit until you have an actual registration from the Register of Copyrights. Some jurisdictions allowed a case to go forward if the author had at least applied for a copyright registration... the Supreme Court held that is not consistent with how the statute reads.

Expedited registration is costly. There is an exception, and it seems like it would apply to YouTube videos and the like:

Quoted Text "In limited circumstances, copyright owners may file an infringement suit before undertaking registration," she writes. "If a copyright owner is preparing to distribute a work of a type vulnerable to predistribution infringement — notably, a movie or musical composition—the owner may apply for preregistration... Even in these exceptional scenarios... the copyright owner must eventually pursue registration in order to maintain a suit for infringement."

But this sounds like protecting the video itself, not the script.

Automatic copyright and WGA registration have not changed... this just adds a hurdle to actually suing someone.

Hadn't noticed this, so thanks for sharing.  I'm sure this will create all sorts of consternation about what works and what doesn't regarding the actual copywriting of a work.  I know there are people who believe either mailing or emailing it to yourself or someone else constitutes copyright protection.  As an attorney, I unfortunately dabble in a lot of grey areas, and that method in particular is troubling for a lot of reasons.

As mentioned, filing with the U.S. Copyright office is slow and moderately pricey.  But at the end of the day, it's really the most sure method we have of protecting ourselves in a lawsuit.  And that's really what the copyright is for, after all, what damages you can get in a lawsuit.  The mail method or some of these other ways of doing it might allow you to ultimately prevail, but it severely limits any amounts you might collect in damages.  Is it worth the risk?  Maybe, maybe not.

I'm going to find that decision and read it all the way through and see what I can glean from it.

Gary

Quoted from Gary in Houston I'm going to find that decision and read it all the way through and see what I can glean from it. Gary

Thank you, Gary. It will be interesting to hear from you.

And thank you, Frank, for bringing this to light.

This just reinforces for me, what I've always felt: Do art or whatever it may be because you enjoy it, not for the money.

A good example that comes to my mind right now (that's not related to writing) is the crafting and homespun community.

For me to crochet a baby blanket, going at full speed takes a lot of hours, I haven't ever counted, but to sell one, $20 is a good price to make it affordable for the person buying it. After all, one can go to Walmart and get "something" for the same or less.

A gentleman down the road from me does woodworking. He makes very fine intricate boxes, toys  (wooden trains and vehicles) like something out of an old Santa's workshop... Anyways, he's lucky if he can get $20 he said for one of the jewelry boxes or keepers. And yet, he puts hours and hours into them.

Back to the writing subject: I can't see myself shelling out money on false hope. It seems like throwing money into the wind. And then, too, look at all the scams there are with contests etc... Writers are prime targets.

It seems like all this registration business is just that: a business. Providing "apparent" security to insecure writers.

Sandra  

Sandra,

Copyright is granted by the act of creation of the work, but that doesn't in itself provide proof which is what registration is about by the look of this US rule.

Probably all prompted by a slew of recent frivolous infringement claims - though the claimants would argue they are genuine of course.

This isn't some scam like most (but not all) competitions and screenwriting services and the like - it's in essence insurance against theft... something most people are happy to pay for when it comes to their house or their car.

If you see it like that then maybe you'll see it from a different perspective...

Personally, I've had a number of my short scripts made without my consent and put on Youtube, I've had every one of them removed as I could prove the script was mine (registered via a different service)... so I do think it's important to have some proof.

  

The issues around copyright are jumbled and confusing, and I only have an inkling of how things work in the US... but here it goes:

The author of a creative work has a copyright as soon as the work is "fixed in tangible form." For paintings and the like, this moment is obvious. For literature, it's when you wrote it down. For a performance, it's when you perform it... but only if you wrote it down first (even if no one ever sees it). So, just about anything you create will have copyright attached unless it was extemporaneous.

If you did the work as part of your duties as an employee, the employer owns the copyright (unless you've worked out something in your contract... see the mess that comic books are in). The US government, as a matter of law, grants the most permissive license possible for any copyright it owns. Currently and for the foreseeable future, that means everything from IRS tax forms to FBI wanted posters to NASA footage is in the public domain.

Okay, so you have a copyright. Anyone who wants to use your work needs a license from you, and you're free to be as liberal or stingy with licenses as you wish (Two exceptions: one is fair use, and the other seems to be some automatic licensing deal with using published music). When some kind of dispute arises, how do you prove you are the rightful owner of the copyright? That's where WGA registration and mailing things to yourself and similar ideas come into play.

My understanding is that registered copyright and WGA registration each have a sufficient chain of custody to stand up in court. Mailing stuff to yourself doesn't.

A reputable company will probably back off if shown proof of copyright ownership, but it's only "reputable" and only "probably." When a dispute goes to court, copyright law says the plaintiff must have a registered copyright. Some jurisdictions allowed a suit to be filed so long as the plaintiff had applied for a registered copyright. After all, the government isn't exactly quick about handling those applications.

The Supreme Court unanimously ruled that courts allowing this were violating the letter of the law. You need to have the registration in hand before filing a suit.

The good news is that the Court was interpreting a law, not making some ruling on constitutional rights. This means changing it is as simple as Congress passing a law with the intended requirements in the text of the law.

Of course, with powerful interests surrounding copyright, no change to the law would end up being simple. With the House of Representatives and the President lobbing Molotov cocktails at each other, don't plan on anything useful happening any time soon.

Quoted from AnthonyCawood Sandra, Copyright is granted by the act of creation of the work, but that doesn't in itself provide proof which is what registration is about by the look of this US rule. Probably all prompted by a slew of recent frivolous infringement claims - though the claimants would argue they are genuine of course. This isn't some scam like most (but not all) competitions and screenwriting services and the like - it's in essence insurance against theft... something most people are happy to pay for when it comes to their house or their car. If you see it like that then maybe you'll see it from a different perspective... Personally, I've had a number of my short scripts made without my consent and put on Youtube, I've had every one of them removed as I could prove the script was mine (registered via a different service)... so I do think it's important to have some proof.

Wow, Anthony! That is a real downer that people would do that. It just poisons the waters.

You're right, though. And to add to that, writers shouldn't go spending money on what amounts to junky or sloppy work.

I don't know what to say. Really. I'm still trying to wrap my mind around all the A.I. lately. Good luck talking with real people when you call on the telephone.

Oh man oh man... I'm just without words. Not a good way for me to be.

Okay, I found the opinion, which was authored by Justice Ginsberg (the Notorious RBG!).  I've read a lot of Supreme Court opinions in my time, and they are, for the most part, extremely boring and hard to get through.  Fortunately RBG gets pretty much right to the point at the beginning of the opinion when she states the following:

Quoted Text Under the Copyright Act of 1976, as amended, copyright protection attaches to “original works of authorship”— prominent among them, literary, musical, and dramatic works—“fixed in any tangible medium of expression.” 17 U. S. C. §102(a). An author gains “exclusive rights” in her work immediately upon the work’s creation, including rights of reproduction, distribution, and display. See §106; Eldred v. Ashcroft, 537 U. S. 186, 195 (2003) (“[F]ederal copyright protection . . . run[s] from the work’s creation.”). The Copyright Act entitles a copyright owner to institute a civil action for infringement of those exclusive rights. §501(b). Before pursuing an infringement claim in court, however, a copyright claimant generally must comply with §411(a)’s requirement that “registration of the copyright claim has been made.” §411(a). Therefore, although an owner’s rights exist apart from registration, see §408(a), registration is akin to an administrative exhaustion requirement that the owner must satisfy before suing to enforce ownership rights, see Tr. of Oral Arg. 35.

SO, the bottom line is this:  As soon as you create your work, you have established the exclusive rights to the work.  BUT, unless and until you register your copyright, you CANNOT sue for damages for infringement of the copyright.  So you can mail it to yourself. You can post it on your website.  You can do a number of things to copyright your work.  The only thing you CAN'T do is sue for damages without registration.

That may be a bit of a simplification, but that's pretty much the bottom line.

Everyone may now carry on with their regularly scheduled lives.

Gary

Thank you, Gary.

The first thing that comes to my mind is a person has to "want" to have the desire and whole wherewithal thing goin' on for them to want to pursue legal action even if they've done the right thing with registration and so forth.

Like I said before. I'm at a loss for words. It's just really sad that artists can't just do their art.

But I guess that's just like teachers can't just teach anymore. They have to be crowd controllers.

Oh dear....

Quoted from Gary in Houston Okay, I found the opinion, which was authored by Justice Ginsberg (the Notorious RBG!).  I've read a lot of Supreme Court opinions in my time, and they are, for the most part, extremely boring and hard to get through.  Fortunately RBG gets pretty much right to the point at the beginning of the opinion when she states the following: ... SO, the bottom line is this:  As soon as you create your work, you have established the exclusive rights to the work.  BUT, unless and until you register your copyright, you CANNOT sue for damages for infringement of the copyright.  So you can mail it to yourself. You can post it on your website.  You can do a number of things to copyright your work.  The only thing you CAN'T do is sue for damages without registration. That may be a bit of a simplification, but that's pretty much the bottom line. Everyone may now carry on with their regularly scheduled lives. Gary

That's exactly what I said... except when you said it, it made sense.

And thanks Gary for braving the legalese for us!

Quoted from Gary in Houston Okay, I found the opinion, which was authored by Justice Ginsberg (the Notorious RBG!).  I've read a lot of Supreme Court opinions in my time, and they are, for the most part, extremely boring and hard to get through.  Fortunately RBG gets pretty much right to the point at the beginning of the opinion when she states the following: SO, the bottom line is this:  As soon as you create your work, you have established the exclusive rights to the work.  BUT, unless and until you register your copyright, you CANNOT sue for damages for infringement of the copyright.  So you can mail it to yourself. You can post it on your website.  You can do a number of things to copyright your work.  The only thing you CAN'T do is sue for damages without registration. That may be a bit of a simplification, but that's pretty much the bottom line. Everyone may now carry on with their regularly scheduled lives. Gary

First - thanks. Much appreciated.

Second, what an odd paradigm. You own your work even though not officially registered. But can't sue unless registered. Like someone could steal your money but you can't sue to recover it until you register it with the bank.

The only thing I would add here is that this is the law in the US.  I can’t tell you how copyright law works, e.g., in Australia or England.  They may have completely different rules on when copyright applies and when you can sue for damages.