The Importance of Copyright Registration for Screenplays

Screenwriters often receive conflicting advice regarding the importance of registering their scripts with the Writers Guild of America (WGA) or the U.S. Copyright Office. This article aims to clarify why registering with the U.S. Copyright Office is the more effective and legal approach for protecting screenplay copyrights.

Why You Should Never Register with the WGA

The Writers Guild of America (WGA) offers a registry service that allows screenwriters to register their works, but its effectiveness has been debated. Additionally, every time you encounter someone recommending you to register with the WGA, it is either because they are lying or they lack a basic understanding of copyright law. This article will illustrate why WGA registration is not the best strategy and why you should always opt for the U.S. Copyright Office.

Understanding the Requirement under §412 of the U.S. Copyright Act

According to Section 412 of the U.S. Copyright Act, a plaintiff must register their work with the Copyright Office before the infringement commences in order to receive both statutory damages and attorney’s fees in a lawsuit for copyright infringement.

The key term here is 'commencement'. Courts have interpreted this to mean the first act of infringement in a series of ongoing separate infringements. For motion pictures, this first act of infringement typically occurs when a screenplay containing infringing material is written, not at the release of the film. This means that if a screenwriter discovers an infringing movie and registers with the Copyright Office after its release, they will almost certainly miss out on statutory damages and attorney's fees.

The Consequences of Failing to Register with the Copyright Office

Let's consider an example to illustrate the severe consequences of not registering with the Copyright Office. Imagine a writer who registers their script with the Copyright Office, and the screenplay is used as the basis for a low-budget movie. If the movie bombs and has no profits, the writer hires a lawyer who sues for copyright infringement. As the writer has no prior credits, proving significant actual damages is difficult.

Due to the script being registered with the Copyright Office, the writer is eligible for statutory damages of up to $150,000. The threat of significant statutory damages, combined with the possibility of recovering their own and the lawyer's fees, may lead the producer to settle quickly, giving the writer a multiple of what they would have received had they bought the script originally.

Comparison with WGA Registration

Now, what if the writer had registered the script with the WGA Registry instead of the Copyright Office? In such a scenario, the writer could only receive actual damages, which are significantly lower—around $50,000. However, when trying to find an attorney to take the case on a contingency basis, the writer would face difficulties. One-third of $50,000 is only $16,666, which is not enough for most attorneys to take the case on a contingency basis. Consequently, the writer might not find an attorney willing to represent them, and the lawsuit may not be filed, resulting in no financial compensation.

The WGA registration is thus seen as almost worthless in the context of legal protection and potential financial recovery. The responsibility for registering the script remains with the Copyright Office, regardless of whether the writer followed the WGA Registry or not.

Conclusion

The U.S. Copyright Office registration is imperative for screenwriters seeking robust copyright protection and potential financial recovery through statutory damages and attorney's fees. Opting for the WGA Registry is not only misleading but also potentially detrimental to legal outcomes and financial compensation.

To ensure that your screenplay is fully protected, always file with the U.S. Copyright Office. Registering with the WGA, while still beneficial for industry recognition and networking, cannot replace the legal protections and financial benefits provided by the Copyright Office.