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SimplyScripts Screenwriting Discussion Board    General Boards    Questions or Comments  ›  Copyright Protection
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  Author    Copyright Protection  (currently 4431 views)
EWall433
Posted: April 30th, 2014, 11:04am Report to Moderator
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****I was about to post this in the Shards thread, but it has disappeared. It is probably more appropriate here anyway*****

Hey Lee, sorry to see this has happened to you. Don’t get too discouraged though.  It seems you’ve got some solid leads, and the investigation process rarely reveals everything in the first few days. Just keep your eyes open. Obviously I don’t know all the details, and lack of registration means you can’t sue for damages, but if you can find the writer/s, you may be able to “hold the project hostage” in exchange for a reasonable amount of compensation (whatever feels right to you). I’m sure the infringing writer/s would prefer to give you a slice of the pie rather than starve themselves.

I’ll admit, before all this, I would’ve thought Poor Man’s Copyright (PMC) to be adequate.  I would’ve been wrong…

http://www.snopes.com/legal/postmark.asp

The link refers to a snail mail method, but I believe an e-mail method would have the same drawbacks. Disturbingly, many of the same drawbacks can be seen with WGA registration…

http://www.writersstore.com/wgaw-registration-vs-copyright-registration/

http://en.wikipedia.org/wiki/WGA_script_registration_service

Now, it appears that WGA registration may hold some additional benefits when filed in conjunction  with US Copyright registration (having a union at your back in the event of a lawsuit, for instance), but it is NOT a substitution for US Copyright registration. Indeed, in the States, it appears as though there is no substitution…

“an official Copyright registration with the U.S. Library of Congress is required to invoke the jurisdiction of U.S. Federal Courts, where most copyright infringement claims are adjudicated.” (The Wiki link, but verifiable elsewhere)

As best as I can figure, WGA registration will allow you to prove your copyright, which can theoretically give you the ability to halt unauthorized distribution of your work, but without a Copyright registration with the U.S. Library of Congress you can’t file in Federal Court for damages already incurred.

[This amateur analysis was brought to you from the loft above my in-laws' house. Please do your own research  ]
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wonkavite
Posted: April 30th, 2014, 12:19pm Report to Moderator
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E Wall's 100% right.  (Not to flog the STS showcase, but it just so happens that I reviewed 'The Writer Got Screwed' today - which has a whole chapter on why you need LOC Copyright.  Not WGA, and definitely not "poor man's postmark.")

I don't know the details of what happened - but I'm heading over to the Shards' thread now.  Best of luck.  And if someone stole your work; screw them to the wall.

Best,

--Janet (W)
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DustinBowcot
Posted: April 30th, 2014, 12:54pm Report to Moderator
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Quoted from wonkavite
screw them to the wall.


It would probably be easier, in the long run, to nail them to the wall first, then use the screws afterwards.
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Breanne Mattson
Posted: April 30th, 2014, 1:26pm Report to Moderator
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Every writer needs to learn about copyright protection.

U.S. COPYRIGHT
A U.S. Copyright costs $35 (if you file electronically) and protects your work for up to seventy years after your death. It's admissible in court and can even help in disputes between U.S. and foreign citizens since the U.S. has copyright agreements with many other countries. An unknown writer actually stands a chance against a wealthy and powerful offender if he or she has their work copyrighted. You simply can't beat that kind of protection. It's affordable and it takes about ten minutes once you get used to it.

WGA REGISTRATION
I can't recall the cost or the period off the top of my head, but I think the term is currently five years. I can see a use for this if you're reasonably certain your script will sell soon. In that case, you might register a script with the WGA because it's cheaper and you're not going to own it by the time the period is up anyway. This will give you time to develop the script and sell it. In that case, the full protection of a U.S. Copyright may be overkill.

POOR MAN'S COPYRIGHT
The problem with this method is that it's too easy to fake. Psychics and mentalists have been tampering with the mail for centuries to create the illusion of predicting future events. Faking a poor man's copyright is as easy as sending yourself an empty envelope sealed with a couple of pieces of double-sided tape. You can simply stick your manuscript into the envelope and seal it after the fact. This is why it isn't admissible in court and never will be. So please, please, those of you who advise that sort of thing, please stop! You're hurting writers with your misinformation.

Those are my thoughts on the matter anyway.



Revision History (1 edits)
Breanne Mattson  -  April 30th, 2014, 1:41pm
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wonkavite
Posted: April 30th, 2014, 1:41pm Report to Moderator
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Quoted from DustinBowcot


It would probably be easier, in the long run, to nail them to the wall first, then use the screws afterwards.


Whichever hurts more.  (And I say that with the utmost empathy...  to the writer, that is.)
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wonkavite
Posted: April 30th, 2014, 1:46pm Report to Moderator
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BTW - I just checked WGAW.  The fee (assuming you're a non-member) is $20.  IE: $15 less than LOC.  LOC protection is far more encompassing and allows for damages...and lasts until 70 years after your death.  

WGA is five years from date of registration, and far lesser protection.  Honestly, is there any question as to which is the logical choice?

And - btw - writers can copyright shorts as a compilation, saving a ton of money there.
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Ledbetter
Posted: April 30th, 2014, 1:59pm Report to Moderator
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I do both...

WGA and COPYRIGHT when I finish.

If I make major changes to the script, I COPYRIGHT it again.

Equal Retribution has three COPYRIGHT dates.

That way if an eariler version surfaces in some other work, that version is covered.

It may be overkill but the time I put into writing deserves as much protection as I can give it.

I've never COPYRIGHTED a short.

Shawn.....><

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PrussianMosby
Posted: April 30th, 2014, 5:04pm Report to Moderator
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Two words

-notarial deed-


We have holiday tomorrow, so here's the blah...

There was a script I wanted to save as good as possible. My brother in law is engineer; he already had to save some of his inventions, I guess   engineering stuff and so on; and told me to visit a notary, because he said, the best status you can achieve is a notarial certification of the work. I called some of them and finally met with a notary. The notary was fine, and as an interested author, which  I am,  I liked the whole new to me surroundings of his place.

I life in a relatively small city, so, this notary wasn't ever confronted with saving literal material, but there's no difference to saving other stuff, he said. He was very interested in what I do; it was refreshing for him to see something different. So he gave me the lowest costs, because he saw I was a poor guy of his home city. I signed a document where my name and the date and so on were confirmed.

He copied the script two times and sent it to me, with the, signed by him and me, document I mentioned above. There's a bound through every page of the script now, and a certain official seal of our states jurisdiction.

He wanted 30 $ or something. I expected maybe 100-150 before.

That seal gives you another position. People who treat with law trust people who treat with law. You're not a number, or part of a database. There's a person standing between the burden of proof and yourself- the notary- who signed that at this and that date you strengthened your claim for property, which "already" is yours naturally.

At last it's all about the date. You have to prove that you did it earlier. I guess in the US, or elsewhere, you have the same possibility. I would definitely encourage you to speak to a notary. If it's too expensive, just say no sorry. You're authors, talk to those people, notaries or so on. Hear what they have to tell. Best regards.



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Scoob
Posted: April 30th, 2014, 5:19pm Report to Moderator
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For those of us in Britain, I tend to use the script vault.

http://www.thescriptvault.com/home.html

£10 per script for ten years. You receive a registration number within a matter of days but the script is protected from the date they receive it.




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rendevous
Posted: April 30th, 2014, 7:06pm Report to Moderator
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This is all very fine and good.

But many writers are not in the US. Or the UK. And neither are the thieves. This is the web.

If you spend your money and you get this protection - what how and what exactly do they do to protect?

And what happens when some bloke in India or Nigeria sells a script nicked from you?

R


Out Of Character - updated


New Used Car

Green

Right Back

The Deuce - OWC - now on STS

Other scripts here
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Dreamscale
Posted: April 30th, 2014, 7:37pm Report to Moderator
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I think Breanne nailed it.  Copyright your work before you show it to anyone.

If you're like Shawn and make alot of changes or take your time writing it, while showing your progress, Copyright it before you show it to anyone.

Peeps say they can't afford it or more accurately, don't want to afford it, need to...and skip a meal or 2 if necessary.  You get me?  

BE SAFE, not sorry...or pissed.
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Scoob
Posted: April 30th, 2014, 8:06pm Report to Moderator
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Quoted from rendevous
This is all very fine and good.

But many writers are not in the US. Or the UK. And neither are the thieves. This is the web.

If you spend your money and you get this protection - what how and what exactly do they do to protect?

And what happens when some bloke in India or Nigeria sells a script nicked from you?

R


It gives you peace of mind.
You can prove you wrote it first.
If/ Whenever a producer asks if your script is registered, you can pass over the number without hesitation.
If any later disputes with producer occurs you have the proof to back yourself up.

Probably loads I'm unfamiliar with, but for £10, probably worth it.









Revision History (2 edits; 1 reasons shown)
Scoob  -  April 30th, 2014, 8:17pm
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Ledbetter
Posted: April 30th, 2014, 9:55pm Report to Moderator
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Quoted from rendevous

But many writers are not in the US. Or the UK. And neither are the thieves. This is the web.

R


I'm pretty sure you can apply for U.S. Copyright protection from any country in the world.

I see what you're saying, ren...

Whether or not this has legs in another country is to be seen, but it is better than nothing.

I suppose that also lends the question as to how foriegn writers get a script done in other areas of the world.

IMO, here's the rub...

Say it's made and you don't see a dime. You do whatever to seek retribution, right?

The movie is still out there and now no one will touch it.

So even if you do get a sum from a company that did you wrong, that script is toast and no amount of Copyright will give that back.

Can't unscramble the egg...

Shawn.....><
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rendevous
Posted: April 30th, 2014, 9:57pm Report to Moderator
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Scoob,

Good point. Well made.

But I'm still not sure it should have to be paid for. Old rope money for these crowds who take it, in my humble.

As for the other points about skipping meals I see no logic. Surely they could have noodles or something else cheaper. And how much do you people spend on meals? I'm no fan of McDonalds but I did notice they have some cheap options. Please note other food outlets are also available.

R


Out Of Character - updated


New Used Car

Green

Right Back

The Deuce - OWC - now on STS

Other scripts here
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Scoob
Posted: April 30th, 2014, 10:22pm Report to Moderator
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I don't like paying for it either, lol
But it's kind of like - if you believe in it that much, put your money where your mouth is... haha
Something you work hard on like Ledbetter said, it is worth doing, and protecting as best you can.  It's not invincible, but it's reassuring.




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Scoob  -  May 1st, 2014, 5:20am
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