Copyright registration of your screenplay, especially if you write it on spec, is a good idea. But there are some common questions and considerations that we often seen from screenwriters, and so we offer the following guidance:

Writers Guild + Copyright Registration

Registering your screenplay with the Writers Guild of America (WGA) is a good practice, but it does not provide the same protection as copyright registration. Think of WGA registration as an intra-industry venue for dispute resolution. But if you need to file a lawsuit for copyright violation, you need to register with the U.S. Copyright Office. Registration with the U.S. Copyright Office is not merely about proving what you wrote and when; it is a prerequisite for filing a claim and prima facie evidence of your authorship of the work.

Although copyright automatically protects screenwriters the moment their scripts are written, a “timely” registration is required to be eligible for statutory damages and attorney fees in a winning lawsuit. Without eligibility for these damage awards, proceeding with a claim is often impractical. “Timely” registration means before an infringement begins, and so, it is best to register before your script is shared with agents, festivals, prospective buyers, et al.

Worth Knowing

Copyright protection lasts for your lifetime plus 70 years, and the rights are “descendible,” meaning they can be passed down to children or any heir(s) you name.

Copyright rights are separate from credit in the U.S.. Most screenplay rights are either owned by producers who hire writers or are obtained as part of the production process. But this has no bearing on your credit as the writer.

Although it is common to transfer all copyright rights for the purpose of producing a motion picture, you may try to negotiate retaining some or all the rights to publish the screenplay in book form at some point, adapt into a stage play, etc.

Some Things to Consider Before You Apply for Copyright Registration . . .

Derivative Works

Adaptations, remakes, spin-offs, and new series episodes are all examples of “derivative works.” Under the law, the copyright owners of the original works have the right to authorize (or not authorize) derivative works. So, if you have a written agreement from the copyright owner, for example, to adapt a novel as a screenplay, you may register that script. But if you write a script in order to pitch a project to the copyright owner, the Copyright Office may reject your application to register that screenplay until you obtain permission for creating that derivative work.

If your script is based on a prior work of your own (e.g., your novel)[1] or the prior work is in the public domain (copyright expired), naturally you do not need permission. But it is still a new, derivative work as a matter of copyright law. And when you register with the Copyright Office, only your authorship that is new to that work is being registered. Thus, in the copyright registration process, you would note the original work in the Limit of Claim section of the application. It isn’t necessary to go into any detail, you simply tell them that you are disclaiming some “text” while also claiming the new “text.” If there is ever a dispute, that’s when the details will be sorted out.

Work for Hire

If you were hired to write the screenplay, it may be a Work Made for Hire. That means that even though you did all the actual writing, the law considers the hiring party to be the “author” of the screenplay, and therefore also the initial copyright owner. The Copyright Office will only accept registration applications from the author, copyright owner, or the agent of one of those.

Jointly Written Screenplays

As an operation of law, you and any writing partners are automatically equal owners of the copyrights in a jointly authored screenplay. (Any different arrangement is a matter of written agreement among the joint authors). The Copyright Office allows registration applications from any of the joint authors and requires the application to list the other writers as additional authors/copyright claimants. Be sure to have their contact information handy when you file.

Material(s) in Your Deposit Copy

The file you upload for registration (usually a PDF) is called the “Deposit Copy” by the Copyright Office. To avoid complications, the Deposit Copy should not contain material other than the text of your script—e.g., no illustrations, even as cover art. Additionally, if there is an appreciable amount of work you did not write (e.g., a substantial quote from another writer), this should be disclaimed in the Limit of Claim part of the application.

About Screenplays and Copyright Infringement

Although writers are understandably anxious about one day seeing their work appear on screen without having been part of the project, it is important to remember what copyright law does not protect before you assume a theft has occurred. Copyright does not protect the following: