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Seven Indispensable Intellectual Property Protection Tips for Script Writers

Wherever you go in the world, not just the United States, copyright law is based on the premise that ideas are free. Any two people could- and often do- simultaneously summon the same muse and come up with a similar idea. It’s true with inventions, business models, and storylines. In this case, we’re concerned with scriptwriting.

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An idea is not eligible for copyright. That is to say, you can write a story with the same plot as Star Wars. It is, after all, just a rehashing of ancient myths and legends. You must, however, alter every distinctive, copyright eligible element of the story to make yours technically different from Star Wars. That is to say, if you write about a young, bright-eyed and bushy-tailed lead character who wears an undersized gi and wields a glowing laser sword- you’re probably going to run into trouble. However, there’s nothing stopping you from writing a story in which a psychic spaceman assaults a battle station with a group of his friends. Get the picture?

This would be hard to get away with- and even if you slide it by the lawyers- your audience would smell the fraud. It’s interesting, however, that you could do the same with a Shakespeare play- and you wouldn’t even have to pretend you didn’t either for legal or marketing reasons.

To be brief, storylines cannot be protected by copyright. Don’t despair- there are only about half-a-dozen original story forms, to begin with. So, we’re all rip-off artists in the end, no matter how unique or original a spin we put on the story.

But scriptwriting is an extremely competitive and demanding business, and good writing is a rare commodity. That means you need to protect your work any way you can. To that end, what follows are a few important ways you can protect your script, safeguard your work, and preserve your one in a million chance of landing that big movie deal.

1. Write a Detailed Account of Your Idea

Generally, one page of summary for every page of script should be sufficient. Another way of going about it would be to outline ten points that make your script distinctive. These rules of thumb are just for guidance. What you should do is summarize every aspect, component, device, and character that makes your script distinct from potential copycats. Keep in mind that this is going to be up to a judge, and judges are not known for being especially creative thinkers. So, your focus should be to create a thorough summation that leaves no unique aspect of your story ambiguous.

2. Get a Birth Certificate

Outside of save-logs, poor man’s copyrights, and other mythological protections for the work of writers- there is a way to save your right to your work that is easier, and only a little more expensive than mailing it to yourself. Your best bet going today is registering your script with the Writer’s Guild of America at wga.org. For $20, they will send you a letter with the date of receipt and a serial number. This is your script’s Birth Certificate. The fee is worth it- just think of how many coffees you bought writing your script. Alternatively, you could register your script with the U.S. Patent Office- but to be frank, they aren’t as reliable.

3. Chain of Title

There have been instances of people losing their ability to prove that they are the one who registered their screenplay or script. To avoid this problem, you must keep a formalized record of every person you talk to about your script. Ideally, this record will contain the location and date of the communication as well as the signature of the person you spoke to and your own. The simple act of getting a signature from those you share your script with should stop them from attempting to steal your idea. This is especially true since not many people have even heard of this type of copy protection. This will limit opportunities to steal your work to those you have not spoken with- which makes proving theft a lot easier.

4. Submission Releases and Waiver Letters

Once in a while, when you send your work to a publisher or production company, they will ask you to sign a waiver stating that you will not sue them for copyright infringement should they ever produce a work similar to your story. You may lose opportunities for not signing these- but if you don’t feel comfortable signing it- don’t. If fewer writers would sign these, there would be a lot less copyright abuse in Hollywood.

5. Non Disclosure Agreements

Anyone who’s been watching the news lately knows that NDAs don’t mean a heck of a lot. Nevertheless, you should create a nondisclosure form that you ask anyone you share your script with to sign. If you have a stack of these ready to use, they can serve as your chain of title if you arrange it properly. Should you allege that a nondisclosure violation has occurred, it would be pretty hard to prove in a lot of cases. But the record it creates, along with the atmosphere of security, can significantly reduce the chances that you will have to fight for the right to your own work.

6. Acquiring True Life Story Rights

If you choose to write a story about a real living person, you will need their expressed permission in writing. You should approach the person directly, if possible. Or, if the person is too difficult to find, you may locate the journalist or author of the story that originally caught your attention. There are laws governing the stories of persons who have committed crimes. Some countries don’t allow criminals to profit from the stories of their crimes.

7. The Myth of the Poor Man’s Copyright

We’ve all heard about the poor man’s copyright. Let’s put this myth to bed once and for all. Mailing your manuscript to yourself does not prove anything. To protect your work, you must send it to a registered third party.

You’ve Covered a Few Hundred Pages… Now Cover Your Butt

Finally, don’t stop here in your efforts to understand copyright law. Keep your script a secret until it is complete and registered. You’ve put a lot of work into your script. Don’t throw it away by failing to keep a professional record of everyone you’ve discussed it with. Be sure- and have no doubt that you have all the permissions you need to write and profit from the story you have told.

Be professional, thorough, and safe. When you encounter someone who has the power to turn your story into gold- you’ll make a much better impression on them if you conduct yourself professionally by protecting your copyright.

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