Copyrighting Your Script

Copyrighting your script is simple and gives you a certain measure of protection when submitting it. To copyright your script simply:

A) Go to the Library of Congress website at http://www.loc.gov/index.html

B) Download forms from the U.S. Copyright office here: http://www.copyright.gov/forms/

or if you don't have a computer, you can send a SASE to
U.S. Copyright Office
101 Independence Ave. S.E.
Washington, D.C. 20559-6000
C) Fill out the form, include a copy of your script and send the $45 check to the address above.

Congratulations! You have a copyrighted script in the Library of Congress. Now you might ask, "What sort of protection do I get? Will armed Homeland Security thugs storm the production office of every producer I suspect stole my idea?" No.

Copyrights don't protect ideas, they only protect scripts. Essentially what you've done is register a copy of your script at a certain point and time. If, in the future, you are involved in litigation this could be used during the trial.

The WGA also provides this service, but with one notable difference. At the WGA, the registration only lasts 10 years and then you have to renew it or they throw your script away. Ten years might seem like a long time, but trust me, I found out the hard way when all my old scripts came up for renewal. Personally, I always copyright now, but there a few producers that demand WGA registration number before they will look at your script.

Here's what a copyright is not: It's not a trademark. Trademarks register a logo design to use on products for direct sale. A trademark requires that you do research because the fee is about $300 and they don't give you a refund even if there is already another trademark like yours or you screw up the form. (Again, trust me on this.) Unless you hire an artist or are an artist yourself, you probably won't have a logo associated with your script anyway. Owning a trademark can be extremely lucrative (just ask the guys who created the Teenage Mutant Ninja Turtles), but it also requires that you protect it with lawyers and additional renewal fees.

My advice is stick with copyrights. They are relatively cheap and last forever, but understand they are not bullet proof. If SuperMegaAction Pictures decides to steal your script, they probably already have a team of lawyers on their payroll and your only recourse will be to fight them in court. Unless you also happen to be an entertainment attorney, they will simply drag you through the court system until you run out of money or patience.

The good news is anyone that is talentless enough to steal a script also probably lacks the talent to make a good movie. Dishonest people don't trust anyone, even themselves. Ultimately, your stolen script will be changed and changed until it is completely unrecognizable. Or the stealing entity is so lazy (after all they stole a script instead of writing one) they don't change a word, in which case your copyright will clearly illustrate you wrote the script at a previous date. Buchwald vs. Paramount is a court case that provides a good example of what you might have to go through in way of litigation for a script. http://en.wikipedia.org/wiki/Buchwald_v._Paramount

The bottom line is, copyright your script and then don't worry about it. Rookie screenwriters are constantly paranoid someone will still their great ideas. Even if you're lucky enough to sell your first script, your first deal will probably be complete crap anyway. Unknown screenwriters rarely command decent paydays. On the bright side, now that you know this, you can classify your scripts into the ones you really care about vs. the ones you wouldn't mind selling for a quick buck.