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Compilation © Robin Kelly 2001 - 2003
Edited and compiled by Robin Kelly exclusively for Writing for Performance
SHOOTING PEOPLE - UK SCREENWRITERS NETWORK
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From: David Collins
Subject: They Would Be Crazy To Sink That Low
I'm fascinated by these copyright scares. If one has copyrighted a script by simple recorded delivery and keeps it in the envelope, that must surely be enough. A company would be sick in the head to persist to cheat a poor writer if (s)he has this kind of blatant proof. If the writer does not even get recorded protection, then I can understand why a company would screw them for money. But otherwise, give me a break. YES, it is always better to be with an agency or union etc etc but Jesus, we cannot all afford to join every dog and cat that creeps out of the woodwork wanting our money. Send it recorded and keep it safe, and get on with it for goodness sake. It is the actual script content and whether it sells in the bleeding first place that we should worry about. Not these trivial matters...
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From: Ralph de Straet von Kollman
Subject: Re: They Would Be Crazy To Sink That Low
Sorry to disagree. The road to hell is paved with good intentions and producing a sealed envelope and swearing that it has not been steamed open, resealed etc is unlikely to cut a great deal of sympathy in the event of a dispute. Safeguarding a script other than placing it in a bank or with a solicitor is fraught with danger. It must be continuously safeguarded to carry weight in Law.
At The United Kingdom Copyright Bureau each script registered is placed for safe keeping within the Bureau and a second copy is deposited with solicitors - a double backup, and a certificate is accordingly issued on the date the application for copyright was received. Then if plagiarism is alleged, one can prove that the copyrighted script has not been moved or opened from the day of its deposit and could be sworn if necessary to this effect by both the Copyright Bureau and also by their solicitor.
You can contact The United Kingdom Copyright Bureau at copyrightbureau.co.uk
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From: David
Subject: Copyright Paranoia
I have been holding back as the copyright debate unfolds, but finally felt the urge to ad my own tuppence worth. Having recently finished the umpteenth draft of my screenplay, I appear to have significant interest. In fact I am currently in email correspondence with a US bigwig (pure luck - honest!) Naturally copyright is of some concern. So this may sound awfully naive, but I actually trust this guy. He has a reputation in the film world - I have none. Even if he did think it was the best idea he's ever read (one hopes!), why on earth would he want to claim ownership of the script? I mean if he really does like it, he has the power to claim ownership over the actual film!
I have taken some precautions (not against him - but the world at large) and throughout the writing process, have posted copies to myself. I have also posted copies to my solicitor, who confirms the date received and lodges them with their deeds. I assume a firm of solicitors is an acceptable 'legitimate body'? If not - why not?
If it is of concern, then my advice would be; do not send it unless you are sure of the recipient. Also, watch out for dodgy competitions, with even dodgier copyright disclaimers - some of which have abused this otherwise fine and upstanding list.
But do you think that sometimes, we use our fear of being ripped off as an excuse for not letting go? Or to conceal our fear of rejection? (we all fear that one - I'm currently on tenterhooks!)
Concentrate on writing something brilliant and who in their right mind, would want to piss off the goose that lays the golden eggs?
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From: Charlie Harris, www.screen-lab.co.uk
Subject: A copyright tale
"Judge Denny Chin in the US District Court of New York ruled: 'Ideas are not copyrightable...'"
This is totally true - which is why making pitches and sending treatments can be tricky - however in UK certainly they can be covered under the law of confidentiality.
Essentially this means that if you communicate anything to someone - and it is clearly "in confidence" - they are not then free to repeat it to anyone else without your permission. Whether by just telling them, writing it down, making a film of it or broadcasting it to the world! (insert usual legal disclaimer here, i.e.: I'm not a lawyer and you should take legal advice if particularly concerned)
Therefore, I always advise writers to put "in confidence" at the top of any synopsis or treatment, and if pitching verbally to follow up with a letter which mentions the words, as a measure of protection. Ironically, Arden may have therefore had a stronger case if his novel hadn't been published before Columbia made Groundhog Day!
However, everything in life is a risk, and let's not get too hidebound about it. I saw the time-loop story in at least one other novel - and a short film - long before Groundhog Day was made. Who's to say where the idea originally came from?
Of course, there's the other side of the coin - the need to clear copyright (and confidentiality) before adapting the works of others!
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From: Sally Scott
Subject: Re: which copyright?
There really are two issues here: Copyright is yours - automatically, legally, inalienably, every which way - as the writer/author of the piece in question. There is no such thing as paying for copyright in your own work.
Registration of it is a different matter, and only comes into the equation when you need to prove it, for any reason. So I would suggest, if this is what worries you, that you register your script with a body which specialises in such things. Depositing a script with your bank or solicitor is not the same thing as registering the copyright (which is yours, anyway, the moment you write it) - but will at least prove the date of your endeavours...
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From: Kid Bradley
Subject: A solution to copyright
There seems to be a lot of people debating the copyright issue here, people putting their trust in U.S. "big wigs" etc. My opinion is this, if you don't know someone you have no reason to trust them and you shouldn't feel obliged to do so. I've copyrighted my script with the LOC. Who are LOC I hear you ask. United States Library of Congress. They take scripts from any country. If I remember rightly 20 badboys gets you copyrighted. Check their website at: www.loc.gov/copyright.
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From: Geoff Harris
Subject: Copyright Paranoia
Here's a few thoughts on the current discussion.
1) In the States, scripts are registered with the WGA and are given a number sometimes printed on the cover page. I'm sure any UK writer writing a US set script and being a member of the WGA could do this.
2) Again in the States, the penalties imposed by the courts for infringement of copyright are very severe, measured in millions of dollars. I'm sure the recent Notting Hill case is well known - I'm not sure of the outcome - as was The Full Monty case and I'm sure there're others more known to you guys than to me. This coupled with the extreme embarrassment suffered by the producer when the story is splashed over the trades really makes it less attractive to rip off someone's script when they can pay a few hundred thousand dollars to buy it outright.
3) I'm not sure how this helps with a UK set project and UK producers but the 'in confidence' law does apply - to an extent. If you're really paranoid, send your script through an entertainment lawyer who will charge a nominal fee.
4) Don't waste your energy worrying about how to protect your script from being ripped off, send it everywhere and worry about if anyone will think it's good enough to make!
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From: Emma Passmore
Subject: Copyright
If you are at all concerned about copyright, I suggest you register your script. The Screenwriters Guild offer the service, I think free to its members, and for a small fee if you are not.
Raindance also offer a registry service for I believe £6/year. You probably have yourself covered by having them at your solicitors anyway. Most Producers, especially top notch ones would most likely never steal a script, the litigation possibility is not worth it. I do think however that many people may have the same idea at the same time, and its just luck and timing as to whether your script gets picked.
Treatments are a harder gamble, but you have a bit of trust and faith that the Producer you send it to, if they like the idea, will get back in touch and ask you to write it. My penny's worth would be get the script written in rough draft form and register it. It shouldn't take too long if you have got a good treatment and then you will have the peace of mind that you are covered.
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From: Rod Beacham
Subject: Copyright
Re the great copyright debate, can I suggest this is one more reason for getting a decent agent if you possibly can
(1) They'll know better than you which potential recipients of your material are dodgy
(2) They will have a copy of your script on file, with records of when they received it, read it, etc... irrefutable back up in a legal dispute,
(3) While producers might be willing to risk doing the dirty on a lone writer, they'll think twice about doing it to one with an agent. Not only would they be closing the door on all that agents clients, they know that word would get about in the business in no time.
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From: Ingrid Haunold
Subject: Re: Copyright
In response to Clive Richard's question about copyright in Issue 269, this is what I do: I register the scripts with the Library of Congress in the US. You don't have to live in the US to do that.
Go to their Webpage (www.loc.gov) and print out the appropriate form (for scripts it's "Form PA", I also use it for treatments) and follow the instructions. It's simple, and it's for life. You need to send an international money order that's drawn from a US bank with the registration form. It's currently 30 US$, if you don't live in the US. All the high street banks have branches in the US and that counts as "being drawn from a US bank". Barclay's, for example, has a branch in New York. The only draw-back is that you'll have to wait about six months to get your certificate of registration, but just send your registration form and money order by recorded mail and you have a record of when you sent it until you receive your certificate.
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From: Kate Ford
Subject: Copyrighting scripts
In reply to Clive Richard's question about copyrighting scripts, I have copyrighted my script with The UK Copyright Service in Oxfordshire. Their website is www.copyrightservice.co.uk. The cost is £30 for five years, £60 for 10 years. I would welcome any comments about whether or not there are any "better" organisations.
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From: United Kingdom Copyright Bureau
Subject: Copyrighting
As I am sure you will appreciate, there are few places where copyright can be registered and certificates issued. The United Kingdom Copyright Bureau has striven to bring copyright registration and protection down to a price that the average author can afford without limit of time, subject to UK Law. There are no repeat fees after a specific period. The copyright is absolute from the day of registration subject to Copyright Law currently in force at the time of registration, or such Law altering or amending same currently in force, (i.e., the legislation that was passed extending copyright protection beyond 50 years to 70 years from death of author or registration or publication of copyright).
We also noted the posting on the list stating that it took six months for her certificate of copyright to be issued from the United States Library of Congress. The United Kingdom Copyright Bureau endeavours to issue full copyright certificates within 14 days of application being received, subject of course to national holidays etc.
Also you will find the fees have been pared to the lowest economical level considering the legal fees we have to pay to the Copyright Bureau's solicitor to hold such copyrights in conjunction with The United Kingdom Copyright Bureau itself, thus enabling copyrights to be registered for only UKP16.50, plus the added advantage of token payments for multiple copyrights.
You will find the terms and conditions at www.copyrightbureau.co.uk
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From: Sean
Subject: script registration
For those interested in registering scripts, treatments, plays, etc, there is a service available: 'Script Registration Service'
They also register VHS video cassettes and videodiscs and interactive media.
For more details, contact: Scriptreg@aol.com or Tel/Fax: 01403 - 865595
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From: J L Seagull
Subject: Subject: RE: Copyright Warning - Who has your script now?
This is the UK Patent Office web site address...
http://www.patent.gov.uk/copy/index.htmYou'll see that according to the Patent Office, and with regard to copyright, it may help owners 'to deposit a copy of their work with a bank or solicitor or send a copy of their work to themselves by special delivery (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return; this could establish that the work existed at this time.'
...the idea being, one assumes, to prove the date of the original work. Hope this helps.
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From: Matt Hurst
Subject: script registration
The best script registration I've found is through BECTU, which is the production techies / directors union, so you have to be a director or similar to join. They'll give you a registration number, and if you claim your script's being used without your permission, plagiarised, etc. they can put it into dispute whereupon no union techies will work on it.
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From: Brian George
Subject: copyright issues
You don't need to be a member of WGA to take advantage of their registration service. I have all my scripts registered with WGA East and they charge about $20.00 and that lasts you ten years under their system. (Although I am known to WGA through my writing)
On the subject of plagiarism which someone raised. It's interesting if rather sensitive subject of course. In 1997 I got short listed for the Peter Pook Comedy Novel Prize organised by a publishing firm in Bicester who deal with the estate of that late author. (the prize gets mentioned in The Writers Handbook every year).
The point of this is that having got short listed for the story called LOTTERY MANIA I sent it out to all sorts of places and two large Indies production companies in London and Santa Monica pointed out that I should be aware that the story was very much like a certain other film dealing with lottery tickets that came out at that time. Similar idea.
Other companies pointed out that an awful lot of writers were writing lottery stores and sending them in. My own idea was registered with WGA. As I say I wrote it in 1997, and the other story that got filmed - for which I had absolutely no connection no clue from a bucket about the story line or who was making it got made/distributed in July 1998. By which time my novel MSS and my ideas had been around at least thirty publishers in London and several production companies in the UK and abroad. The WGGB said I had to prove 75% of all dialogue was exactly the same as mine to prove plagiarism. Which it was not as far as I could tell. So who's to know.
I am not accusing anyone of anything - but it is unfortunate when you write something that turns out to be similar to someone else's idea and you can't get it made. I gather on a separate theme that in America the O. J. Simpson trial resulted in scripts being written and sent in by writers from all over America to Hollywood. All about sportsman going home and killing their wives with a knife. The Readers were inundated with them in Hollywood with all the original writers being convinced theirs was the definitive idea!! Goes to show...
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From: Samantha van Dalen
Subject: Copyright
"The great copyright debate, can I suggest this is one more reason for getting a decent agent if you possibly can"
I don't want to stir up a hornet's nest but, isn't it like pulling teeth to get an agent to notice you're alive? How many success stories are there out there of first time writers who approach agents and get a positive, if any response? These days if you approach an agent, the first thing you get asked is, 'is the money in the bag?', 'which director has signed on to the project?' And then you've got to convince the agent to please, please, please, take a look at the treatment at least, even though no one who is anyone has seen the script. To which the agents reply, 'niet, nein, no, non, nay'.
For the record, producers tend to request proof of copyright ownership. A certificate is issued in America by the Library of Congress which keeps a copy of your work and charges US$30. for the registration process. Forms can be downloaded from the net. Useful thing to have if you're planning to sell to Hollywood.....
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From: Robert Moss
Subject: copyright
"Does anyone know whether the laws of copyright cover concept - would it be illegal e.g. to have a central character based on the idea of the Bionic Man? And secondly, what's the situation with programme titles under copyright law, e.g. if 'Inspector Gadget' exists, could one use say the title 'Georgie Gadget'?"
It depends on how you execute the story/character. The Bionic Man is probably a trade mark, but you could write a story about a person who has artificial limbs that give special powers. I don't think that ideas, in themselves, can't be copyrighted - you can only copyright the execution. The Terminator is essentially a bionic man but there is no infringement of copyright of The Six Million Dollar Man because... well, it's obvious.
If someone can look at Georgie Gadget and say "That's Inspector Gadget with a different name" then you are probably infringing copyright.
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From: Bernie Corbett, General Secretary, Writers' Guild of Great Britain
Subject: Copyright questions
There are a lot of interesting copyright questions appearing. It isn't such a boring subject as it sounds, but from some of the comments it seems writers have misconceptions that could get them into trouble.
Derek McGann is right to be wary of taking material from published sources. The facts themselves aren't copyright, but the form in which they are expressed, and any creative order in which they are arranged, is copyright, and you can't reproduce it without permission. However Derek needn't worry about one thing -- it is impossible to libel a dead person. It is the living friends and relations you have to think about. See the article "Whose Life Is It Anyway?" on the Writers Guild website at
http://www.writers.org.uk/guild/Property/Prop.html. The Guild often advises individual members on these issues.
Richard is right about one thing: he isn't a lawyer. He is only partly right. Copyright protects any artistic or literary work that is recorded in any way. Copyright is automatic whenever you write or record a piece of work (in the UK -- it is different in the US and elsewhere). Music is certainly copyright, and there are other rights relating to musical works and performances. If you whistle a tune in the street and somebody copies it, there isn't anything you can do. But if you write it down in musical notation it is protected by copyright. If you tape-record your whistling the music is also protected by copyright and in addition there are rights attaching to your performance.
Passing off is something different again -- maybe another time.
Protecting your rights is not straightforward. It is expensive to bring a case to court and difficult to prove your case to the satisfaction of a judge or jury. So it better to have a clear idea of what your rights are, and how best to avoid trouble. I am not going to write a book on the subject. There are several good ones already and any serious professional writer should read one of them.
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