Protecting Your Work Product
by Glenn Sobel
Okay, admit it. Your number one fear is that after spending months to years perfecting your screenplay, it gets stolen by an unscrupulous producer and makes everyone on the planet rich except you. You wake up screaming and sweating in the middle of the night after submitting your blockbuster.
Is your fear justified, or are you just paranoid? Remember the line "just because I'm paranoid doesn't mean I'm not being followed", and keep your wits about you.
I'm not saying that Hollywood is dishonest, because in the vast majority of cases it isn't. But it only takes one slip up, and your property could be gone forever. So how do you protectyourself from being a victim?
First, let's stop thinking in terms of being a victim and get on the offense. If you avoid the obvious mistakes there is little chance of having to defend your rights. So what are the obvious mistakes? Here is my list, in descending order of importance:
1. Never give your work to ANYONE until you have copyrighted it. And that includes putting a proper copyright notice on every copy, followed by the words "all rights reserved". This is a must. Without it, you are just begging for trouble.
2. Keep a log of who you discuss your work with, and another log of who you send copies to. Number each script, and log who gets it, when it was sent, and when it is returned, if ever.
3. Keep copies of all documentation refering to your work, including cover letters on submissions and script requests and/or rejections from anyone you send your work to.
4. Always qualify the person asking to read your work. Sending out copies to anyone who asks is dangerous. Always ask yourself "why am I sending this person a copy of my script? Can I trust them, and are they in the right position to do what I want to have happen?" If the answers are not "yes", then don't let them have your script.
The copyright and notice accomplish two things. First, it puts the world on notice that you claim ownership and control of the property. Second, it confers onyou certain statutory rights which cannot be obtained in any other way.
Yes, I know, you are going to ask me about registration withthe WGA and/or other script registration services, and mailing a copy of the script to yourself. Although I won't tell you not to use these methods, I will tell you that they are not a substitute for a copyright. Maybe the following will help you understand why.
Before you can successfully sue someone for plagiarism (the unlawful use of your written work for profit) you must establish three elements. 1. That the work is not in the public domain.
2. That the defendant had access to the material. 3. That the product sold by the defendant has sufficient similarity to your work that it can be determined that it was lifted from your work.
Now think about how these elements fit the list of protec-tions above. It is a copyright and notice that take your work out of the public domain. It's your logs and documentation that estab-lish who had access to the material, and when. Substantial similar-ity is a question for the jury.
Can you tell me which of the three elements is covered by someother form of registration or mailing? Do them if it makes you feel better, but not as a substitute for copyright. There is no equivalent substitute.
What about signing a release? As an unrepresented writer, you will not likely find a reputable producer who will accept your script without a signed release form. Although it is primarily for the pro-ection of the producer, it does tend to establish access. However, submitting through a recognized WGA franchised literary agent, enter-tainment attorney, or personal manager is always a prefered method of doing business. It adds another level of protection and credibility with the reader, and avoids the necessity of signing a release.
Last, but certainly not least, avoid making unsolicited sub-missions. Never send your scripts to anyone who hasn't requested to see them. Your ability to prove access is almost completely destroyed since most people in the business routinely discard unsolicited submis-sions without opening them.
If you ever do feel that a film was based on your work without your having been paid, make sure you can establish that the people involved had access to your script. If you can link your work via your logs, etc. to someone involved in the production at a time prior to when the film was produced, go see an experienced copyright liti-gator immediately. This is a difficult and specialized area of the law. DO NOT GO TO THE GUY WHO HANDLED YOUR CAR ACCIDENT! Read the trades and find out who has successfully handled cases like yours. If none of them will take your case, you probably don't have one.
If you want to be a part of Hollywood, you won't get there by filing meritless lawsuits. Hiring a shark to sue a studio, and losing your case, will brand you as trouble and possibly destroy any chance you have of getting into the business. So don't do anything rash here.
Good luck and keep writing.
Glenn Sobel is an established personal manager who previously practiced entertainment law and did business affairs for a talent/literary agency and motion picture production company. You can find out more about Mr. Sobel and submission guidelines for possible representation at his website.
Excerpted from: http://members.aol.com/linkwrite/protect.html
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