| A lot of screenwriters worry about people stealing their
ideas. I am afraid that there is no law against stealing other people's
ideas and no matter how secretive you wish to be about them, others are
bound to have similar ones. If you engage in conversation with lots of
different people, they are bound to be influenced by your conversation. If
they are not influenced by it, then you must be a very boring person and
have no ideas worth stealing.
Similarly, since the industry thrives upon verbal pitches to
numerous unscrupulous development executives, you can assume that if they
find ideas they like but not writers, they will take those ideas and suggest
them to their favourite writers. Until you become one of their favoured
writers then you will just have to suck it up.
What there is a law against though, is the stealing of other
people's work. The law in nearly all countries says that you cannot put your
name on other people's work and claim it as your own. Consequently, as soon
as you have started writing something you are covered by copyright
legislation. You do not need to register, you do not need to have a lawyer
take note of when you started writing it, you merely need to begin writing.
To help prove your case in a law court however, people have
found that it is useful to have their work independently verified as having
been in existence at a certain time. To help with this the Writers Guild of
America, and also the Writers Guild of Great Britain, among other
institutions, have developed script registration services. Usually, for a
small fee, they will take delivery of a script from you, register it as
being delivered at a certain date and they will securely store the script
for a certain number of years. Similarly, the US Library of Congress
operates such a scheme, offering storage for a much longer period.
You can use these services, or the services of a Lawyer and
a Bank Safety Deposit Box, to much the same effect.
If you do find yourself confronted by a work that bares a
close similarity with your own however, none of these precautions really
work unless the work is word for word the same, which is unlikely. So
further to the above precautions it is recommended that you maintain a
record of everyone who has seen your work, and preferably have a dated
letter of solicitation from them mentioning the work in question. Then if
they produce something similar without crediting you, you might have a case
against them.
Now here is the good news, it is very rare. There have been
a few proven cases where people have submitted other people's scripts as
their own, and there have been cases where people have stolen the basic
story idea from other people's scripts without crediting them. There are
also cases of characters and situations being lifted from other scripts and
used without sufficient disguise to create a good case for compensation, but
over all, most cases of plagiarism come to the conclusion that although
ideas may be similar, many people have similar ideas.
That is why ideas, and even titles, are not copyrighted.
Titles however can be Trademarked. So, for instance, if you wish to call
your next script "Star Wars", you would not be sued for breach of copyright,
but for transgressing the Registered Trademark regulations. If Hans Solo
appeared in your script however, then copyright regulations would also
apply.
If however, you wrote a story about a cynical rocket ship
pilot being co-opted on a mission to rescue a feisty princess, you would
probably get away with it. If the law did not allow this, then spoofs and
satires on popular fictions would not survive.
Genre fiction is nothing, if not a copy of a basic model
derived from a popular original work, and huge swathes of the industry
merely rehash old ideas in slightly different forms.
If you want more information on copyright try the US copyright office or The Canadian Intellectual Property Office. The information
that you will gain there is pretty much the standard deal that you will get anywhere else.
There are a few local differences. You have slightly better protection in Europe, but it
does not apply world-wide but then nothing does. Globalisation, which so
many protest against, is spreading copyright legislation world wide and so
it is becoming harder for China, for instance, to merely translate
everything into Chinese and not pay any royalties.
If you would like to register your script with the Writers Guild of America
then you can do it on-line at the
http://www.wga.org They charge you a small fee and it gives you a date stamped file
that can be used to prove when you wrote whatever you wrote. There are other ways of
proving when you wrote something, though this way is recommended - naturally - by the
Writers Guild. You can also try e-TimeStamp
- the electronic Internet notary which puts an electronic signature on any file you
care to stamp that way. It is also very cheap, if not quite recognised as yet.
Other than that, you send copies of your script to The WGA -
West, and/or The Library of Congress.
Strangely, however, the more people who see your script and
hear you personally pitching your ideas, the better it is for you because
you have witnesses. So although publicly displaying anything on a web site
is not going to help you maintain a paper connection to all those who see
your material, if enough people know what it is, they are more likely to let
you know when they find someone else has stolen it. Even so, a paper record
of readers and an acceptable date stamp is recommended.
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