Like this: suppose I ask everyone in, say, Cafe Society (just to take a random example) to help me with my movie script. Lots of folks offer suggestions, and proof my writing, and are otherwise helpful. Now I want to copyright it before I try to sell it to the big studios. Can I? Who gets credit (and who gets paid)?
This is a hypothetical question, as I don’t write movies, but I have friends who are writing songs, books, etc. on-line with a multitude of contributors/collaborators…
Technically, everyone holds copyright on the words they contributed.
When I was part of Atlanta Nights, for instance (see link in my sig), I was asked to sign a release granting all rights to the person who organized the project. Otherwise, he could not have sold it, even though it was expressly written so he could do so.
To be absolutely safe, you’d need to get a release from everyone who contributed.
Don’t bother. No script gets made the way it is submitted, so the copyright would not be worth much, even if your script got bought. I don’t know about scripts, but copywriting manuscripts submitted to agents or publishers is considered a sign of amateurness, and of not trusting the professional.
Copyrights can be shared by co-authors. Who is a co-author is another matter. And who gets paid is determined by the contract (and maybe lawsuits) not the copyright.
IANAL etc.
Everything you write is automatically copyrighted as soon as you write it under the current law, and since 1989 no copyright notice or indicator is required, either.
Two other possible interpretations.
!) Perhaps you mean that one shouldn’t put a copyright notice on a submittal because it smacks of amateurism. I would agree with that.
The distinction that needs to be made is between ownership of copyright and licensing use of the work. What Chuck is referring to is the licensing portion. That is a legal contract to allow publishing and split up revenues among the copyright holders. My understanding is that for scripts the studio or production company buys the copyright so that it can authorize further licensing of the final product without ever having to go back to the authors in later years. All parties that hold copyright would have to agree to such a sale.
That’s what I meant.
I have read that sending a copy of your screenplay to yourself certified mail can establish priority. I seem to recall the Writers Guild has a registry, but I don’t know if you must be a member to use it.
Years ago I sent a song in for an official copyright - I got a nice certificate back. That was for fun - it served no useful purpose, nor did I think it did.
I know that patent law has rules about who gets to qualify as an inventor. I’ve never heard that copyright law has anything similar.
No, it cannot. Exapno can expound.
This is an interesting question. I don’t know much about IP Law, but I wonder how much this issue would hinge on state gap fillers?
It would seem a writing team would be a simple partnership (absent any legal entity filings). In Texas, without a written partnership agreement defining the terms of the partnership, all partners own an equal stake in the business interest.
I wonder would this apply to copyright law (federal) or are there provisions covering this that trump state law (like with Patent law)?
It would seem odd to have state law play a role in a uniquely federal issue. Especially in an internet setting where the partnership would be in multiple states.
I am just thinking out loud here…
IANAGL
This is called the “poor man’s copyright.” It is utter nonsense, and, as Chuck implied it is my mission to expunge any favorable mention of it.
Fortunately, others have now done the dirty work for me. Take a look at this Poor Man’s Copyright page.
The short version is that there is no, repeat, no known example of this ever being successfully used as a defense in court.
And yes, you must be a Writer’s Guild member to use its registry. You can only become a member by selling something first.