[NOTHING THAT FOLLOWS IS LEGAL ADVICE, I AM NOT AN ATTORNEY, NOR HAVE I EVER CLAIMED TO BE. NOTHING ON THIS BLOG OR THAT FOLLOWS IS LEGAL ADVICE. IT'S ALL AVAILABLE TO THE PUBLIC. THE FOLLOWING IS A INFORMATION RESOURCE POST, AND IN NO WAY CONSTITUTES LEGAL ADVICE.] If your in a contract issue, or have a chain of title copyright issue, go get an attorney. I have several firms I can suggest that will be linked at the end of the article. If you have ANY legal issue, go retain an attorney.
One of the things that I hear all the time that people get intimidated about are protecting themselves and dealing with contracts. It's a scary thing, lets face it. All of us have heard of some horror story about someone not understanding a contract correctly and getting taken advantage of. The thing is, it doesn't have to be. It has helped me over the last few years to understand a few things, like IP protection and how to read a contract. The first is how to protect my IP (intellectual property, something I created or something a client created). It has different industry names, but it's basically the same idea legally. In film and television it's often referred to as the "chain of title' process. We often say "Chain of Title" but it is actually a process not a thing.
Chain of Title is a process in which you take a script/screen play and copyright the intellectual property. Either as a creator of that IP or on the behalf of a client. Often this process includes a letter of assignment or an option agreement. That's more like the second half and something we will get into at another time.
Part 1
The FEDERAL COPYRIGHT
Register your script/treatment/show idea with the US COPYRIGHT OFFICE.
Link to the actually website: https://www.copyright.gov/
Notice that the end of the website ends with ".gov" ANYTHING THAT DOES NOT HAVE THAT IS NOT A REAL COPYRIGHT OFFICE! It is a service that is going to charge you money to do what I am telling you how to do.
This is the link to the page your taken to after you select the copyright option that inlcudes scripts.
https://www.copyright.gov/registration/performing-arts/index.html
It's under "Performing Arts"
The link to the Script submissions page is here. https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov
You have to create a USERNAME and PASSWORD but it is a simple process after that to log in. The site walks you through it. Be patient and take your time to read all of the instructions.
This process will end with them giving a printable receipt and or a confirmation email.
THERE IS A FEE last time I did this was in 2018 and it was $50.00. It may have changed so just be prepared to pay something.
Then you have to wait for the Copyright office to approve your copy right. This can take weeks, 6 to 8 weeks roughly. Just know that you will have to wait for it. They will mail you a copy of your certified copyright and send you an email that it has been approved or denied.
Part 2
The WRITERS GUILD ASSOCIATION REGISTRATION
The WGA registration is the second step. Here's why, if you do a WGA registraition and I do a US Copyright of the same script each of us claiming that we wrote it. Then we go to court, the US Copyright wins, EVERY SINGLE TIME. You mail it to yourself and don't open the letter, and I register it with the Copyright office I win, period.
Link to the WGA site: https://www.wga.org/
That is the homepage. What your looking for is at the bottom of the homepage.
The part your looking for to register your script is: https://www.wgawregistry.org/
Click on the big link button that says to register your script and it takes you to this form:
https://www.wgawregistry.org/registration.asp
Each submission costs $20.00 for the general public. And there is a credit card info section of the form.
Why do both WGA and US COPYRIGHT? Well the US Copyright is the most powerful legal protection you can have, and the WGA is the second most. Also if the script is picked up and optioned have it registered with the WGA can help with ensuring your protected in that sale and that your rights as a righter are respected by the producers seeking to buy the script. If you just do the US Copyright your on your own.
Hope this helps good luck out there! Break a LEG!
Some Lawfims that help with IP Protection and Entertainment Law.
In Chicago:
(Smaller firm, local, and honest still)
Shambee Law Office is a diverse law firm practicing in various areas of law. If you need help with your case, you can trust us. Call us now at 773-741-3602.
Looks pretty good for more information.
https://vlaa.org/get-smart/film-law/
In California:
https://filmtvlaw.com/
(this is a pretty big firm)
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