Steps to Protect Your Writing: How to Copyright Your Screenplay

Steps to Protect Your Writing: How to Copyright Your Screenplay

If you’ve poured your creativity into a screenplay, protecting your work is essential. Registering your copyright with the U.S. government provides the strongest legal protection-far more robust than Writers Guild of America (WGA) registration alone. Don’t get me wrong – I love the WGA – but in the courts of law, Copyright rules. Here’s a practical, step-by-step guide to securing your script.

Why Copyright Your Script?

• Legal Protection: Copyright registration gives you the exclusive right to reproduce, distribute, and adapt your work, and is required before you can bring a lawsuit for infringement.

• Proof of Ownership: Official registration establishes a public record and is considered prima facie evidence of ownership in court if completed prior to or within five years of publication.

• More Powerful Than WGA Registration: While WGA registration can help prove the date of creation, it does not grant legal ownership or exclusive rights. Only U.S. Copyright registration does that.

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When Should You Copyright Your Script?

• After the Idea Phase: Once you have a substantial draft-generally several pages or more-it’s wise to register. The cost is $45 for a single author and work (as of 2021).

• After Major Rewrites: If you significantly revise your script, consider registering the new version.

• Immediate Protection: Legally, your script is protected the moment it’s written, but registration is required to enforce your rights in court and to claim certain damages.

How to Copyright Your Script: 4 Basic Steps

1.      Register Yourself

o   Go to copyright.gov and create an account with the Electronic Copyright Office (eCO).

o   Use your most permanent email address and keep your login details safe.

2.     Register Your Script

o   Choose “Register a Work of the Performing Arts”-screenplays fall under this category, not “Motion Pictures”.

o   Fill in the title, author, completion year, and other required details.

3.     Pay the Fee

o   The standard fee for a single author, single work (not for hire) is $45 (as of 2021).

o   Payment can be made by credit card, debit card, or ACH.

4.     Upload Your Script

o   Accepted formats include PDF and DOC. Do not upload specialty screenplay files like .fdx (Final Draft).

o   Submit your script and confirm all details.

Tip: You can save your progress and return later if needed. Once complete, you’ll receive a certificate by mail-store this with your important documents.

What to Know Before You Register

• Public Information: Your name and address will be part of the public Copyright database.

• No Renewal Needed: Copyright lasts for your lifetime plus 70 years.

• No Copyright Notice Needed: You don’t need to put a copyright notice on your script; registration is sufficient.

• Keep Backups: Always keep a backup of your script and your registration certificate.

WGA Registration vs. Copyright: Key Differences

Feature	WGA Registration	U.S. Copyright Registration
Legal Ownership	No	Yes
Proof of Authorship	Yes (date-stamped record)	Yes (public record, stronger in court)
Required for Lawsuit	No	Yes
Duration	5 years (renewable)	Life + 70 years
Cost	~$20	$45 (as of 2021)
Public Record	No	Yes

• WGA registration is fast and can establish a creation date, but it does not provide the legal rights or protections needed to enforce your copyright in court. Also it needs to be renewed periodically. Having said that, there are production companies and entertainment industry situations that may require it, so it’s fine to do it, but not prior to copyright.

• Copyright registration is necessary for legal action and to recover statutory damages and attorney’s fees if infringement occurs.

Checklist: Keep This Information Handy

·       Screenplay Title: ______________________

·       Copyright Date: _______________________

·       Copyright Number: _____________________

·       Date Submitted: _______________________

·       Mailing Address (public): _______________

·       Email Address: ________________________

·       eCO Username: ________________________

·       Password: ____________________________

·       Password Challenge Q/A: ________________

Summary

Registering your screenplay with the U.S. Copyright Office is the only way to fully protect your work and your rights as a writer. WGA registration is helpful for establishing a timeline but is not a substitute for copyright. Take the time to register your script as soon as you have a substantial draft-your future self will thank you.