Posted: 1/19/2007 7:31:47 AM EDT
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I am about to submit a screenplay to a guy who wants to read it and possibly, make it into a film if he likes it. Here's my question: How do I go about copyrighting my material so he can't claim it as his own? I've heard I can mail it to myself and use the postmark as proof, as well as getting it notarized...Are these reputable and legally defensible methods, or are they just ill-advised "poor man's" copyrights? |
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mailing it to yourself works as long as you keep it unopened. But you have to remember it is up to you to enforce your copyright, if the guy uses it without your permission then you have to be the one to bring suit. the unopened/postmarked envelope containing your documents will be your evidence that it was your intellectual property. |
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Once your original work is fixed in a tangible medium of expression, it is "copyrighted." In order to enforce it properly, you should register the work with the copyright office. You can register the work yourself, and it should cost about $50. If you are truly concernced about infringement, then register your work, and have the work itself show that it has a registered copyright. www.copyright.gov/ |
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To be fully protected under the law you have to have your work registered with the Library of Congress. A notorized manuscript will establish that the work was yours originally, but it will not enable you to recover in court for all potential damages. I ain't a copyright attorney, but these issues came up all the time back when I was a commercial photographer. If you have a notorized copy you may only be able to sue for infringement (including financial damage) and a cease and desist order. If your work is registered you will be able to recover all financial damages plus additional punitive damages, IIRC. The important thing to undersand is that it's the punative damages were you can really recover bucks and you have to have a registered copyright to sue for that. |
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The "poor man's copyright" (mailng copy to yourself) is an old urban myth that give you NO protection. this has been to court many times. Just get the proper form from the Library of Congress, fill out as requested, and include the proper fee. You will also have to include the "work" in a form acceptable to the LOC. I don't know what thier requirements are for screenplays, but a web search, or call to the LOC will tell you that. This is the only way you are adequately protected. |
That is no longer the case. Any expression of idea fixed in a tangible medium is protected by copyright by virtue of its creation. You do not have to register a copyright to have a copyright. You do have to register to SUE for infringement of a copyright though. |