Protecting my material- question

[shaylonavalon]

Hi there...

I appoligize if this has been answered before, I just cannot seem to find the information tonight.

My question is, if I have written a treatment, and someone in the industry wants to see it, should I have it notorized, or do something else with it before I send it off, to protect it? Any insight would be appreciated.

Thanks

[dpaterso]

You can register your treatment and/or copyright it. Take a peek at this thread which discusses same and contains various links:

http://absolutewrite.com/forums/showthread.php?t=34474

-Derek
My Web Page - sci-fi, fantasy, horror, cyborgs, AIs, dragons, vampyres. (http://hometown.aol.co.uk/DPaterson57)
As the days go by, we face the increasing inevitability that we are alone in a godless, uninhabited, hostile and meaningless universe. Still, you've got to laugh, haven't you?

[C.bronco]

Writers Guild Turn around time....
Does anyone know how long it takes for a registration # once I've mailed the treatment and check?

[xhouseboy]

Probably as soon as the check clears.

If doing it online with a credit card, it's almost instantaneous.

[wordmonkey]

At least with the WGA-East you can do it on-line and it's very quick.

however if you have written a spec script and they want to see a treatment of said script, you are already covered. And if you haven't, just cover your script and a treatment/synopsis is covered under that.

Even if you do rewrites it is still covered. Obviously if it changes beyond resonable recognition, it probably needs to be recovered, but you have a great deal of lea-way.

[Jerm]

Registering with WGA online was almost instant like Xhouse posted above. I received my certificate in the mail from them within about 2 weeks I believe.

I also had mine copy written and just got my Certificate in the mail yesterday for it from the Library of Congress. That was about 1 month turnaround time. On the site it says UP TO 4-6 months i think. So fairly quick by those standards.

[whistlelock]

Locks only keep honest people honest.

If you want to make sure no one ever steals your work, then never send it out. Heck, never write it.

But if you want to see it in print or on the screen....

You'll have to take that risk. Putting a number on it won't stop them from stealing it.

[English Dave]

Locks only keep honest people honest.

If you want to make sure no one ever steals your work, then never send it out. Heck, never write it.

But if you want to see it in print or on the screen....

You'll have to take that risk. Putting a number on it won't stop them from stealing it.

True. But the best method is to do your homework on who you are sending it to.

[shaylonavalon]

Locks only keep honest people honest.

If you want to make sure no one ever steals your work, then never send it out. Heck, never write it.

But if you want to see it in print or on the screen....

You'll have to take that risk. Putting a number on it won't stop them from stealing it.

Thank you everybody... I am feeling what you are saying here though about the risk. I do trust this person, I just want to cover my bases and be prepared. I do appreciate the responses very much!!

[C.bronco]

When I went to the site, it was for WGA West and I sent it snail mail about a week ago.
Do you know of any agents who represent script writers and fiction authors, i.e. handle print, film and tv rights?
The main markets for my tv treatment actually accept unsolicited, but it couldn't hurt to check everything out.

[Big Tex]

Locks only keep honest people honest.

If you want to make sure no one ever steals your work, then never send it out. Heck, never write it.

But if you want to see it in print or on the screen....

You'll have to take that risk. Putting a number on it won't stop them from stealing it.


I was under the impression that it's very difficult to protect a treatment — there are just too many people out there with similar ideas. If it's a project that you're truly serious about, I'd put in a little time to flesh out a first draft and cover it, even if it's just a half-baked version.

[Big Tex]

True. But the best method is to do your homework on who you are sending it to.


I think the fear of theft is exaggerated.

It's probably most likely to happen with projects at the idea stage -- you know, if you're making the rounds and you say, "I have an idea for a reality show where 2 moms have to exchange households for a week." I can see someone taking that and running with it. But as far as an actual script or firm treatment, I don't think it's as common as most people fear.

I heard some speakers last week at the Screenwriter's Expo, and their thoughts went something like this:

• If they (the producers) are going to have to pay somebody, they'd want to pay a first-time writer, because they can get it dirt cheap. Do you think they're going to take your idea, and farm it out to a writer who charges $100K for a first draft, when you'll do it for a fraction of that? If you have a valid concept, they're more likely to give you first crack at it, knowing that you'll do it for a fraction of the price of a pro. And, if you fail, they'll send it to rewrite anyway.

• Producers know that it's cheaper to pay a new writer than to fend off a plagerism lawsuit. Plus, NOBODY wants their production held up by a lawsuit.

• Everybody in Hollywood is convinced that THEIR idea is ten times better than yours, so why would they bother to steal yours?

[Goodwriterguy]

I think the fear of theft is exaggerated.
The moment it happens to you, you'll change your mind.


It's probably most likely to happen with projects at the idea stage -- you know, if you're making the rounds and you say, "I have an idea for a reality show where 2 moms have to exchange households for a week." I can see someone taking that and running with it. But as far as an actual script or firm treatment, I don't think it's as common as most people fear.

I heard some speakers last week at the Screenwriter's Expo, and their thoughts went something like this:

• If they (the producers) are going to have to pay somebody, they'd want to pay a first-time writer, because they can get it dirt cheap. Do you think they're going to take your idea, and farm it out to a writer who charges $100K for a first draft, when you'll do it for a fraction of that? If you have a valid concept, they're more likely to give you first crack at it, knowing that you'll do it for a fraction of the price of a pro. And, if you fail, they'll send it to rewrite anyway.

• Producers know that it's cheaper to pay a new writer than to fend off a plagerism lawsuit. Plus, NOBODY wants their production held up by a lawsuit.

• Everybody in Hollywood is convinced that THEIR idea is ten times better than yours, so why would they bother to steal yours?
All of this notwithstanding, a writer is a fool if he or she doesn't copyright their work. It's too easy and inexpensive to do.

Registering with the WGA is basically useless in terms of legal protection. That service exists for different reasons.

The only law on the books that's deigned to protect the work of authors is the copyright law, which works two ways. First, unregistered ... everything you write is copyright the moment you reduce it to tangible form (e.g., saving it to disk or printing it); second, registered.

An unregistered copyright is essentially useless in a plagiarism suit and you cannot sue for damages if that's all you have, you can sue for costs only; if your copyright is registered, you can include damages in your suit, and as we all know, that's where the money is.

It is incumbent upon an author to keep records of those to whom they either submit or give their work, because part of proving a plagiarism case is proving the accused offender had access to the material or there is reason to believe they had access to it.

The WGA's registry exists to support their Credit Arbitration Commiittee when they adjudicate a credit dispute. Such registration may be used in a plagiarism suit as corroborating evidence of ownership, but it can't prove ownership by itself, only a registered copyright can do that.

It's too easy to register your copyrights to not do it.

[English Dave]

This is not right

On the off chance - very off chance - that you sent a script to an agency, manager or studio that had a theme or concept that wasn't already in some way shape or form already in development then you are a genius.

Here's the skinny. It costs studios more in lawyers fees to defend plagiasrism actions than it costs to buy off the original writer.

[broughcut]

Pitches/synopses/short treatments are only protected my contract law--i.e. discussed with producer on the understanding that writer will be compensated if the idea is used. If the pitch is "stolen" it's not breach of copyright but breach of contract.

WGA registration is useless in this regard (nor to my knowledge does it play any significant part in credit arbitration as it's for the company to turn over delivered drafts to the Arbitration Committee).

If you have written a treatment and show it to people in the industry before writing a script and without a competent rep, then you are asking for it to be "stolen". If it's not something you want to invest time in before receiving feedback then you just have to accept that risk I'm afraid. You're a writer not Bob Kosberg. Industy people don't have to pay you for ideas and don't expect them to....

copyright/wga etc is a complex issue and there is a lot of received knowledge knocking around that is not necessarily accurate, eg:

http://artfulwriter.com/forum/showthread.php?t=353&page=2

[Big Tex]

The moment it happens to you, you'll change your mind.


All of this notwithstanding, a writer is a fool if he or she doesn't copyright their work. It's too easy and inexpensive to do.

Registering with the WGA is basically useless in terms of legal protection. That service exists for different reasons.

The only law on the books that's deigned to protect the work of authors is the copyright law, which works two ways. First, unregistered ... everything you write is copyright the moment you reduce it to tangible form (e.g., saving it to disk or printing it); second, registered.

An unregistered copyright is essentially useless in a plagiarism suit and you cannot sue for damages if that's all you have, you can sue for costs only; if your copyright is registered, you can include damages in your suit, and as we all know, that's where the money is.

It is incumbent upon an author to keep records of those to whom they either submit or give their work, because part of proving a plagiarism case is proving the accused offender had access to the material or there is reason to believe they had access to it.

The WGA's registry exists to support their Credit Arbitration Commiittee when they adjudicate a credit dispute. Such registration may be used in a plagiarism suit as corroborating evidence of ownership, but it can't prove ownership by itself, only a registered copyright can do that.

It's too easy to register your copyrights to not do it.


I didn't say not to protect your work. I said that most people have an exaggerated paranoia about their idea getting stolen.

The fact is, if your film is a "high concept" film, there are probably 10 other writers who have the exact same idea, given that about 30,000 scripts get floated around Hollywood each year. I had an old creative director who was CONVINCED that someone stole his idea for a comedy featuring big foot (Harry & The Hendersons). The more likely scenario is that there were probably about 20 other writers trying to sell a Sasquatch movie, plus a beef jerky commercial to boot.

It happens all the time. There are two sets of reality shows on right now that have the same premise (Wife Swap & that other one, and Dancing w/the Stars and You Think You Can Dance).

The simple fact is that any drama teacher will tell you that there are only a handful of basic archtypal stories, adn things are going to look similar.

If you have an really ORIGINAL story -- like Memento, or Magnolia, or something like that, it's easy to protect, and studios do NOT want to fend off lawsuits. If you have a rather trite, formulaic genre script there is a chance that 10 other people have something very close to it that they're trying to sell.

But yes, you are correct: By all means protect your work. But the idea that Hollywood is lying in wait to STEAL your story is overexaggerated, given the fact that most first time writers would happily sell their script for $5,000 if it meant an above-line credit.

[C.bronco]

Any recommendations about getting or not getting an agent? I've been trying to get an agent for my novel, but those agents don't usually represent TV writing. Should I be searching for an agent to sell my tv series as well? I can't ask Miss Snark, it ain't her bag.