14.3 Copyright and Intellectual Property

Copyright protects creative works, granting exclusive rights to creators. For screenwriters, this means safeguarding their scripts as literary works. Understanding copyright is crucial for protecting your intellectual property in the film industry.

Registration with the U.S. Copyright Office isn't required but offers benefits like the ability to sue for infringement. Work-for-hire agreements can impact ownership, so it's important to know your rights and protect your work through various strategies.

Copyright and Intellectual Property

Copyright for creative works

Top images from around the web for Copyright for creative works

• 

  Copyright & Creative Commons licenses – Teach with Free & Open Educational Resources View original

  Is this image relevant?

• 

  Creative Commons (CC) - Copyright - LibGuides at Edith Cowan University View original

  Is this image relevant?

• 

  Screenwriter - Wikipedia View original

  Is this image relevant?

• 

  Copyright & Creative Commons licenses – Teach with Free & Open Educational Resources View original

  Is this image relevant?

• 

  Creative Commons (CC) - Copyright - LibGuides at Edith Cowan University View original

  Is this image relevant?

1 of 3

Top images from around the web for Copyright for creative works

• 

  Copyright & Creative Commons licenses – Teach with Free & Open Educational Resources View original

  Is this image relevant?

• 

  Creative Commons (CC) - Copyright - LibGuides at Edith Cowan University View original

  Is this image relevant?

• 

  Screenwriter - Wikipedia View original

  Is this image relevant?

• 

  Copyright & Creative Commons licenses – Teach with Free & Open Educational Resources View original

  Is this image relevant?

• 

  Creative Commons (CC) - Copyright - LibGuides at Edith Cowan University View original

  Is this image relevant?

1 of 3

• Grants exclusive rights to creator for use and distribution of original works including literary, dramatic, musical, and artistic creations
• Screenplays protected as literary works under copyright law
• Protection automatic upon creation and fixation in tangible form (registration not required but provides benefits)
• Exclusive rights for copyright owners cover reproduction, preparation of derivative works, distribution, and public performance or display

Screenplay registration process

• Voluntary registration with U.S. Copyright Office establishes public record of claim
• Allows owner to file infringement suit in federal court
• Potential for statutory damages and attorney's fees in successful litigation
• Submit completed application form, nonrefundable filing fee, and copy/copies of work to register
• Online registration available through Electronic Copyright Office (eCO) system
• Processing times vary based on submission method and application complexity

Work for hire concept

• Legal term for works created by employee as part of job or commissioned under specific circumstances
• Employer or commissioning party considered author and owns copyright, not individual creator
• Work for hire clauses in contracts impact screenwriters' ownership and control over work
• Factors determining work for hire status:
  • Degree of employer control over work
  • Extent work created within scope of employment
  • Existence of written agreement specifying work for hire

Intellectual property protection strategies

• Register screenplay with U.S. Copyright Office to establish public record and gain legal benefits
• Include proper copyright notices on work ("© [Year] [Author Name]. All Rights Reserved.")
• Maintain detailed creation process records (drafts, notes, correspondence)
• Exercise caution when sharing work, consider non-disclosure agreements (NDAs) for pitches
• Avoid using unlicensed or unauthorized material (song lyrics, quotes, images) without permission
• Research thoroughly to prevent infringing on existing copyrights or trademarks
• Seek legal advice from experienced intellectual property attorney for complex situations or disputes