Rita
Suzi Shane
Kitty xx
shared more than DNA now that they are injected with nanobots.
This will answer basic and inevitable copyright questions (RECYCLED from my posts):
Time for my annual "book" post on copyright, because no matter how many times this information is given, no one bothers to take notes or read it until they know it. Plus, the law is IN FLUX and changes constantly. Here we go again: This should be in the pinned posts, and has been thoroughly discussed.
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You do not even get into federal court on a copyright action w/o filing for copyright. Also, if the infraction occurs BEFORE the filing for copyright (e.g. you find out about the problem/theft, THEN file) you CANNOT get STATUTORY DAMAGES, costs or attorneys fees, which effectively GUTS your action. So let's say your actual damages are $5,000. Even if you win under this scenario, that's ALL YOU WILL GET. And you will spend FIFTY times that to get there. (YES -- typical cost is around $250,000 for a copyright case). That's why you MUST file for copyright before the FIRST time you give your work to ANYONE.
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WGA charges $20 and gives you ZERO protection. It is SOME evidence of when a work was completed, but little else. A file with each writing date saved separately for each writing day in software's file format does far more to prove authorship than WGA registration, and costs nothing. You should always do this anyway. The WGA reg only guy doesn't even get into court. $35 for the real copyright (which IS EXACTLY what "LOC"=Library of Congress means -- they are identical), coupled with your own meticulous records offer the BEST protection. Copyright should be filed BEFORE YOU SHOW YOUR WORK TO ANYONE for maximum protection as aforementioned.
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So, copyright offers your only protection, and only costs $15.00 more than essentially giving your money to WGA for nothing. The WGA reg MAY be useful for a credit dispute as to who should get what level of authorship, but that is internal to WGA and is NOT a copyright. Frankly, this has been discussed ad nauseum and the correct answer never changes. While new members come in all the time, they should check pinned posts, and old members have already had this question answered many times.
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In addition to the basic rule that you MUST copyright your stuff, is the rule which everyone likes to laugh off and make fun of. That is the NDA. Without an NDA, your idea can be stolen straight out of your submission, and you lose you opportunity to argue for a DESNY cause of action that you should have been paid for provision of the idea. This narrows the scope of your remedies dramatically. Nothing like starting behind the eight ball. See THE PURGE/UTA case for the gruesome details.
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Remember, a typical copyright action costs $250,000+ and lawyers will not likely take it on a contingency basis unless you are famous/rich writer with a long track history of making big bucks. Thus, YOU will be paying the money out of your pocket on a CHANCE to win. The thief only needs to show that 30% of the screenplay at issue is different, and you LOSE, even if it is obvious or admitted the other 70% was stolen. An NDA gives the reason why a script was submitted and is an enforceable contract that will give ADDITIONAL remedies on top of the copyright action. While it may be very difficult to get someone to sign an NDA, without it, you are at much greater risk.
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Also troublesome are the transformational copyright theories, as mentioned in the 30% example, above. Someone could take PICTURES of your script, doodle or write in the margins, and call it ART. There is support and some precedent, even very recently, for this being ALLOWED, believe it or not.
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Remember, the studios/production companies have fought these actions and have a stable of high-end lawyers to chew you up, delay, and minimize your claim. You are the little guy with no money beating against the door to be let in. Protect yourself as much UP FRONT and you may make it easier for them to just pay you, the likely unknown writer the relatively small sum to actually legally buy the work instead of steal it. If you actually do bring a copyright action, you will probably be BLACKBALLED. That is, even if you were 100% CORRECT and righteously WIN, no one will ever read your shit again, because they know you may be litigious. If they do, they will require you to sign all kinds of things which say your work has essentially ZERO value, and you agree to that before submitting/reading. The big guys have EVERY advantage even if you do everything right, so why do anything wrong and make it even worse? PAY THE $35 and register immediately upon completion. Minor changes made later (typo fixed, etc.) do NOT require a new filing, as long as the work is substantially the same.
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Further complicating this is if your work is passed along or the players change due to firing/hiring or company acquisition (See the GRAVITY case, where the original author of the book got screwed).
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If you roll the dice and proceed without the NDA, you must at the very least have a PRE-FILED copyright. The date of AWARD of the copyright will REFER BACK to the date of filing if it is granted, so you DO NOT have to wait to get the copyright certificate in the mail to send your work out. You just need to file. The certs are taking up to EIGHT months to come in right now, and that's if you did everything right. Remember, a tricky part of the website is properly categorizing your to-be-registered work. It is a WORK FOR THE PERFORMING ARTS. Do NOT use the other categories, as they are wrong, and may delay or deny granting of the copyright application.
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I may put up a link that says everything I just wrote by another lawyer if I can find it, but this should be sufficient.
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Finally, don't even THINK about bringing up "Poor Man's copyright." This is the name for MAILING yourself your work, receiving it and leaving it unopened in the postmarked envelope. IT DOES NOT WORK, and I have never found a case in which it has. Don't bother.
*
There is no way to cheat your way around registration for US COPYRIGHT, and anyone that tells you differently has no clue. Every other move you make to protect yourself is great, but is supplementary to the registration. There are no shortcuts. Sorry.
*
You do not even get into federal court on a copyright action w/o filing for copyright. Also, if the infraction occurs BEFORE the filing for copyright (e.g. you find out about the problem/theft, THEN file) you CANNOT get STATUTORY DAMAGES, costs or attorneys fees, which effectively GUTS your action. So let's say your actual damages are $5,000. Even if you win under this scenario, that's ALL YOU WILL GET. And you will spend FIFTY times that to get there. (YES -- typical cost is around $250,000 for a copyright case). That's why you MUST file for copyright before the FIRST time you give your work to ANYONE.
*
WGA charges $20 and gives you ZERO protection. It is SOME evidence of when a work was completed, but little else. A file with each writing date saved separately for each writing day in software's file format does far more to prove authorship than WGA registration, and costs nothing. You should always do this anyway. The WGA reg only guy doesn't even get into court. $35 for the real copyright (which IS EXACTLY what "LOC"=Library of Congress means -- they are identical), coupled with your own meticulous records offer the BEST protection. Copyright should be filed BEFORE YOU SHOW YOUR WORK TO ANYONE for maximum protection as aforementioned.
*
So, copyright offers your only protection, and only costs $15.00 more than essentially giving your money to WGA for nothing. The WGA reg MAY be useful for a credit dispute as to who should get what level of authorship, but that is internal to WGA and is NOT a copyright. Frankly, this has been discussed ad nauseum and the correct answer never changes. While new members come in all the time, they should check pinned posts, and old members have already had this question answered many times.
*
In addition to the basic rule that you MUST copyright your stuff, is the rule which everyone likes to laugh off and make fun of. That is the NDA. Without an NDA, your idea can be stolen straight out of your submission, and you lose you opportunity to argue for a DESNY cause of action that you should have been paid for provision of the idea. This narrows the scope of your remedies dramatically. Nothing like starting behind the eight ball. See THE PURGE/UTA case for the gruesome details.
*
Remember, a typical copyright action costs $250,000+ and lawyers will not likely take it on a contingency basis unless you are famous/rich writer with a long track history of making big bucks. Thus, YOU will be paying the money out of your pocket on a CHANCE to win. The thief only needs to show that 30% of the screenplay at issue is different, and you LOSE, even if it is obvious or admitted the other 70% was stolen. An NDA gives the reason why a script was submitted and is an enforceable contract that will give ADDITIONAL remedies on top of the copyright action. While it may be very difficult to get someone to sign an NDA, without it, you are at much greater risk.
*
Also troublesome are the transformational copyright theories, as mentioned in the 30% example, above. Someone could take PICTURES of your script, doodle or write in the margins, and call it ART. There is support and some precedent, even very recently, for this being ALLOWED, believe it or not.
*
Remember, the studios/production companies have fought these actions and have a stable of high-end lawyers to chew you up, delay, and minimize your claim. You are the little guy with no money beating against the door to be let in. Protect yourself as much UP FRONT and you may make it easier for them to just pay you, the likely unknown writer the relatively small sum to actually legally buy the work instead of steal it. If you actually do bring a copyright action, you will probably be BLACKBALLED. That is, even if you were 100% CORRECT and righteously WIN, no one will ever read your shit again, because they know you may be litigious. If they do, they will require you to sign all kinds of things which say your work has essentially ZERO value, and you agree to that before submitting/reading. The big guys have EVERY advantage even if you do everything right, so why do anything wrong and make it even worse? PAY THE $35 and register immediately upon completion. Minor changes made later (typo fixed, etc.) do NOT require a new filing, as long as the work is substantially the same.
*
Further complicating this is if your work is passed along or the players change due to firing/hiring or company acquisition (See the GRAVITY case, where the original author of the book got screwed).
*
If you roll the dice and proceed without the NDA, you must at the very least have a PRE-FILED copyright. The date of AWARD of the copyright will REFER BACK to the date of filing if it is granted, so you DO NOT have to wait to get the copyright certificate in the mail to send your work out. You just need to file. The certs are taking up to EIGHT months to come in right now, and that's if you did everything right. Remember, a tricky part of the website is properly categorizing your to-be-registered work. It is a WORK FOR THE PERFORMING ARTS. Do NOT use the other categories, as they are wrong, and may delay or deny granting of the copyright application.
*
I may put up a link that says everything I just wrote by another lawyer if I can find it, but this should be sufficient.
*
Finally, don't even THINK about bringing up "Poor Man's copyright." This is the name for MAILING yourself your work, receiving it and leaving it unopened in the postmarked envelope. IT DOES NOT WORK, and I have never found a case in which it has. Don't bother.
*
There is no way to cheat your way around registration for US COPYRIGHT, and anyone that tells you differently has no clue. Every other move you make to protect yourself is great, but is supplementary to the registration. There are no shortcuts. Sorry.
