This is the actual government
form with instructions courtesy of Video University. This form is in a
cross-platform format called PDF which requires the Adobe Acrobat Reader. If you
don't have Adobe Reader, you should first download the free
Acrobat Reader. Other versions of the PDF form are available directly from
government sites: Form PA without
instructions or the Short Form PA.
The copyright form "Application Form PA" is also available (free)
from:
Register of Copyrights, Copyright Office, Library of Congress,
Washington, DC 20559.
You can also get copies of Form PA by calling
the Copyright Office Hotline number anytime day or night at (202) 707-9100.
Just the Facts Please...
While the Application Form PA is the best way
to enforce your copyright, anything you write is automatically covered by
copyright if it meets a few conditions:
1. Your work must be
original. If you "borrowed" a plot from another screenplay, you can't copyright
it. You could only copyright what you have created. I'm not, an attorney and
there are some very gray areas here.
2. The work must be on paper or
fixed in another "tangible means of expression." So you can't copyright a story
you told a friend unless you have written it on paper or other "tangible
means."
3. The work must be an independent expression of an author. This
means that only the expression rather than the idea can be copyrighted. So your
dialogue, visual descriptions and characters are protected, but your idea is
not. Again this can get into a gray legal area.
In addition you cannot
copyright: titles, names, short phrases, and slogans; familiar symbols or
designs; mere variations of typographic ornamentation, lettering, or coloring;
mere listings of ingredients or contents.
In additional the online records are
incomplete so if you don't find a registration for a particular work, there's no
guarantee that it's in the public domain. Copyright research and clearance firms
will do this work for you, but most charge several hundred dollars. Another
helpful resource is Temple University's Everything You Need to
Know about Copyright, Fair Use and Other Legal Matters
The next step is to fill out
the Form PA and sent it in. Since the copyright office gets over a half million
applications a year, you won't receive an acknowledgment that your application
was received. You will, however, receive a certificate of registration or a
letter requesting additional information. This can take up to four months.
The registration is effective on the date that all the required elements
--the application, $20 fee and the work itself --are received in the Copyright
Office, regardless of when you receive your certification.
Since January
1, 1978, a Copyright is in effect for the author's life plus 50 years. If the
author's name is not known (anonymous) or the author's real name is not known
(pseudonymous) or the author is an employer (as in "works made for hire,") the
duration is from 75 years from publication, or 100 years from creation
--whichever comes first.
Anything copyrighted in or before 1977 was
protected for a period of 28 years, with a renewal option for 47 more years.
That means that anything that was copyrighted 75 or more years ago from today is
now in the public domain. It can be a bit more complicated than that so don't just run
out and re-publish something without seeking legal advice.
Registering Your Screenplay with The Writer's Guild.
You can also
register your script with the Writers Guild at a cost of $22 for non members.
While this registration does not carry the legal protection of copyright, it
could be valuable as evidence in a legal proceeding. And unlike a copyright, The
Writers Guild registration is only valid for five years when it must be updated.
Register your script online at the
Writers Guild Registration Service. Canadian scripts can be registered
at:
Writers Guild of Canada 35 McCaul St. Third Floor Toronto,
Ontario Canada M5T 1V7