Protecting your work is essential in the creative industry, and registering your screenplay can help you prevent others from stealing your ideas and profiting from your hard work. In this article, we'll cover the best ways to copyright and register your screenplay, including using the Writers Guild of America West and the US Post Office.
First, let's talk about the difference between copyright and registration. Copyright is a legal right that protects original works of authorship, including literary, artistic, and musical works. When you create a screenplay, you automatically have a copyright to your work, meaning that you have the exclusive right to use, distribute, and sell it. However, registering your screenplay with the US Copyright Office provides additional protection and benefits, including the right to sue for infringement and the presumption of ownership in court.
Now let's dive into the best ways to copyright and register your screenplay.
1). Register with the US Copyright Office
The US Copyright Office is the government agency responsible for registering copyrights. To register your screenplay, you'll need to fill out the appropriate forms, pay a fee, and submit a copy of your screenplay. You can register your screenplay online or by mail, and the process usually takes several months. Once your screenplay is registered, you'll receive a certificate of registration that serves as proof of your ownership.
2). Use the Writers Guild of America West
The Writers Guild of America West (WGAW) is a labor union that represents writers in the entertainment industry. One of the benefits of joining the WGAW is the ability to register your screenplay with the guild. Registration with the WGAW is not a legal requirement, but it can serve as evidence of ownership in court. To register with the WGAW, you'll need to become a member of the guild and submit a copy of your screenplay along with a registration fee.
3). Use the US Post Office
Another way to copyright your screenplay is to use the US Post Office's "poor man's copyright." This method involves mailing a copy of your screenplay to yourself and keeping the unopened envelope as evidence of the date of creation. While this method is not as secure as registering with the US Copyright Office or the WGAW, it can serve as evidence in court.
By taking these steps, you can ensure that your work is protected and that you have the legal rights to use, distribute, and sell your screenplay.
It is also important be aware of the difference between copyrighting and trademarking your work. A trademark is a type of intellectual property protection that covers logos, brand names, and other distinctive symbols that identify a particular product or service. In the case of a screenplay, an element that could be eligible for trademark protection might include a distinctive character name, catchphrase, or unique design.
Trademarking an element from a screenplay requires following several steps, including determining eligibility for protection, conducting a trademark search, filing a trademark application with the US Patent and Trademark Office (USPTO), responding to any office actions, and receiving your trademark registration. If you're unsure about any aspect of the trademarking process, it's always a good idea to consult with a trademark attorney who can guide you through the process and ensure that your rights are protected. If you are looking to find a trademark attorney online, a good resource is upcounsel.
Happy writing!
