IMPORTANT Question for you guys, and one that is apparently less common than I would have ever thought. This is regarding protecting a writer/producer team from "the sharks" in the studio system.

I am a producer, and my close friend is a writer. We came up with an idea together, and agreed that he would write it, and I would produce it.  Now we are starting to send out the material, and have immediately discovered that we need to legally solidify my involvment in order to protect me. We are BOTH taking STORY BY credit, and he is taking WRITTEN BY credit. I am going to ask for/demand a signifcant producer credit (Exec Producer).  

We have been advised from an attorney friend that since I have a STORY BY, I am "covered" legally (eg from anyone who buys or options the project from screwing me out of a reasonable producer credit/fee of my request) since I innately co-hold the underlying rights to the project due to the 'story by' credit. Eg if anyone wants this script, they MUST deal with the writer and I, and make us BOTH "happy" so to speak.

My question: does this hold legally?  The only other way we know to protect me, is for me to OPTION the script from the writer - but this was met with rolled eyes from the attorney friend since I already have a Story By credit... his arguement being the point of Optioning the script is to own the underlying rights to the project, and I already have that with my Story By credit.

Thanks in advance for your wisdom!!!
~MMH

If you have the script all written and in its best form, you should get it registered with the WGA so that it is legally yours. You can do it on the writers guild site (but it costs $30, I think) Thats the only thing I can think of.

Apolgoies for not mentioning that aspect, but yes, we have the material registered with WGAw.
~MMH

oh. Then, uhmmmmm. I would make them sign contracts. I dont know if you can do that or not, but it sounds like a good idea (and you'd have to meet in person). Make them sign a contract saying they recognize it as your work---and if they dont comply.....

1. Kill them (extreme)
2. Sue them (the resonable choice)

Thats all I got, for now.

You can copyrite anything for free really... Go to your local library of congress and ask for the forms and they'll give you up to 10 of them for nothing.

Fill them out properly and send them in.  About 4 to 6 weeks later you will receive a certificate of ownership.

Remember that a name in most cases cannot be copyrited or protected underlaw.

Also, you can just higher an attorney or get an agent who is also a copyrite attorney... alot of them are nowadays. They'll take care of all that for you.

Balt...

you need to retain an attorney

All I want to do is sell this script.  I always figured it would be  best to register it with the WGA so no one can rip me off but I recently heard that if you sell it after you register if you have to go though a lot of trouble to change owners or something?   Is that true?  And what is better, registering it with WGA or the Copyright office?  

Just get a copyrite agent/attorney... Pork the WGA, you don't need it and they don't give two shakes what you write or do with your screenplay.  They just want your 20 bucks and will file it in their 300 acre lot, somewhere under millions of other screenplays i'm sure.

When I stopped believing in the WGA was when they started taking script submissions on-line.  Thru E-mail and zip file.  You know why?  To save space!  Oh, they'll still take your 20 bucks, but for what...?  To open your e-mail?  LOL!

The WGA is only a good source of pay if you are in the union and a memeber of them.  If you are a hack nobody with a big idea... they don't want nothing to do with you and that is prooven with there doings.  

Trust me, if you have a "BIG" idea it'll find it's home, just be pateint and be real.  You won't become a millionare over night -- Well, by & large anyway.  

Good luck on any and everything that you do though.

J.D.

Okay, so no WGA but what about the Copyright Office?  They accept submissions online too.  Are they okay?

I'm not here to tell you how to spend "YOUR" money.  I don't wanna come off like I know everything in the world and that my tongue speaks the 100% cold hard facts.

I just don't agree with the WGA and it's doings anymore.  I think that for them to charge you 20 bucks to register your work online... It's a scam!  So what, you have it registered with the WGA... big deal!  How do you know you have it registered,  Cause you have a receipt saying so?  

Yeah, whatever.  You could have more of a shot with an attorney than anything.  Hell, you can send your screenplay to yourself in a folder and ask for a recipt. That is one way of copyrite protection.  This will hold up in court, as long as you've got dates and doc's of your work and writing times.

You can log your screenplays on-line actually.  Your computers will tell you that your work is your work.  So your work is ever stolen and the dates are of question... take your tower to court and have them run a system log of your writing and software.   Then they'll see who the real writer is, if this was to occur.

I mean everybody wants a WGA registered screenplay, but I ask for what?  Why?  You don't get anything out of it.  No Tom Cruise goes by the WGA looking for the next screenplay he wants to play in and no STEVE SPEILBERG goes there looking for the next screenplay he wants to direct.

Remember that...

J.D.

The easiest and smartest way to copyright a script is through the WGA.  The service they offer is just $20 bucks as stated above (much much less than getting a lawyer) and their service is specifically for screenplays, it takes just minutes.  

I'm not sure why the other poster would advise against it, they are the industry standard for all screenwriting professionals.

I've never heard that a copyright makes a sale more difficult, in fact I would think it's just the opposite.  Owning a copyright insures the buyer that you have the legal right to sell it and should speed the process.  

That being said my advice is to save your money.  Don't bother with registration unless you have received a great deal of serious, legitimate interest.  The incredibly long odds of actually selling a screenplay are surpassed only by the even longer odds of your screenplay being stolen and sold by someone else.  Many professional screenwriters will tell you that they never register their script, instead they let the purchasing studio deal with copyright.

the WGA wont copyright your work, but it will deffinately help arbitrate if there is a conflict

the Library of Congress is where to actually officially copyright your work.


http://www.copyright.gov/

If you are a member of the WGA then you may be able to sell your script for more.  there is a minimum wage so to speak if you are a member, and its $50,000.  So look into it for yourself and decide.

That's correct-  the WGA  actually 'registers' your work, it is not an official 'copyright'.  However for all intents and purposes it offers the same protection.

"Registering your work creates legal evidence for the material that establishes a date for the material's existence. The Writers Guild Intellectual Property Registry, as a neutral third party, can testify for that evidence."

Membership is another matter.  Yes, members of the WGA have negotiated guarantees like many other unions,  these minimums are called 'scale'.  BUT, here's the catch 22...You don't receive WGA benefits (minimums) unless you are a member, and to be a member you must first qualify by selling a full feature screenplay or several teleplays to a WGA signatory (nearly all legitimate industry pros are signatories).  Membership then costs $2,500.

Just to be clear, you do NOT have to be a member to register your work with the WGA,  anyone can submit for protection and any form is acceptable- full screenplay,  treatment, synopsis, outlines....

But isn't WGA registration only good for ten years?  After that, doesn't it dispose of your work?  Copyrighting your work is supposed to permanent.  Selling your rights to a story is the same whether it's registered with WGA or copywritten.


Phil

Do you copyright your work. I'm always scared that someone will snatch my ideas. I know that sounds a bit arrogant in thinking that my ideas are good enought to be ripped off, but i'd like to think that some of my stuff, (not all of it, as a lot of it is crap) is not worthy.

Any thoughts?