copyright vs register

Hello,

I want to copyright a script at copyright.gov.
Please tell me if you know, how can I do that because I'm very conduced with terms like copyright, register, register a new claim, copyright registration!
 
Hello,

I want to copyright a script at copyright.gov.
Please tell me if you know, how can I do that because I'm very conduced with terms like copyright, register, register a new claim, copyright registration!
Copyright gives the owner the exclusive rights to use and distribute a
work.

In the US and UK the copyright is set as soon as you create the work.
Registering the copyright is simply making copyright official. Registering
a new claim means you are registering a copyright for a specific work
for the first time.
 
WGA is also an option, but Copyright your work if you are tying to show it production houses, agents, reps etc.

It is not possible to "copyright" a work! Copyright is not something one can "do", it is a right which automatically exists as soon as one creates an original work (in a tangible form).

The difficulty with copyright comes when there is a dispute. For example, if someone copies your work and then claims they were the original creator. IE. They created their work before you and therefore they are the copyright holder, not you. This is where copyright registration come in, as it provides incontrovertible evidence of WHEN a person claims their copyright came into force. In some legal jurisdictions, official registration may provide additional potential benefits. For example, in the US it is only possible to sue for copyright infringement and claim for actual damages. Registration with the US Copyright Office allows one to also claim (in the US) for statutory damages and legal costs.

In the US and UK the copyright is set as soon as you create the work. Registering the copyright is simply making copyright official. Registering a new claim means you are registering a copyright for a specific work for the first time.

JFYI:

1. It's not just in the UK and US, it's in any country which has signed up to one of the international treaties/conventions which comprise international copyright law. All the signatories agree to respect the (automatic) rights of copyright holders of all the other signatory countries.

2. Registering a copyright does NOT make the copyright official or mean that a specific work is being copyrighted for the first time! It is just an official record of WHEN someone CLAIMS a copyright existed. Copyright registration services (the WGA and US Copyright Office for example) do not read or compare the script/work with other scripts to determine it's originality and therefore if the person registering the work/script is the actual copyright holder.

G
 
Re the need/required of filing with the US Copyright Office - when I shot my feature Detours last fall under the SAG AFTRA Modified Low Budget Contract, part of the required SAG AFTRA paperwork was the confirmation that the script was in fact registered with that office.
 
For example, in the US it is only possible to sue for copyright infringement and claim for actual damages. Registration with the US Copyright Office allows one to also claim (in the US) for statutory damages and legal costs.
G

This is only a comment on the state of things. I am in no way contesting what's been said. It is only a statement of dissatisfaction.

I find this annoying since it makes the so-called "automatic copyright when you've created something" pretty much meaningless, does it not? :grumpy:
 
I find this annoying since it makes the so-called "automatic copyright when you've created something" pretty much meaningless, does it not? :grumpy:

As a US citizen, yes, to a large extent it does make it meaningless. I believe you can still issue take-down notices but if you have to resort to the courts, you can't file for copyright infringement unless you have registered your copyright with the US Copyright Office. This leads to the bizarre situation whereby foreign citizens have more automatic rights in US courts than US citizens do??!!

This is because as a signatory to the Berne convention, US courts have to respect the copyrights of other signatory nations. Therefore, if I create a script as a UK citizen, I can file a copyright infringement suit in a US court against a US citizen regardless of whether or not I've ever registered my script. If that same script had been written by you (an American citizen), you wouldn't be able to file suit in a US court (without a registration certificate).

In practice this scenario would not likely occur though, because as I mentioned previously, unless I had registered my script with the US Copyright Office I would only be able to sue for actual damages, I couldn't claim for legal costs (or statutory damages). And, as legal costs are so high in the US, I'll probably loose money even if I win, thereby effectively preventing me from filing in the first place! This means that even as a foreign citizen living thousands of miles outside the US, to secure my automatic international rights I too should pay the fees and register my script with the US Copyright Office.

All of which, to a significant extent, makes a nonsense of the fundamental principle of the Berne Convention and even of the US' own constitution. To be honest, I find it hypocritical of the US to constantly make a fuss about China and others not respecting US copyrights, when in practice the US doesn't demonstrate much respect for anyone else's. It just looks like the kettle calling the pot black for political point scoring!

G
 
Wow. That's all really something. Thank you very much for explaining that further, G. :)

I guess we just have to register anything we create that we're serious about protecting our rights to.
 
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