Copyrighting your screenplay as early as possible is not only a good idea, it’s one of the easiest things you can ever do. And as an ounce of prevention, it will save you the pound of cure later (read: lawyer bills.)

Please note that you should only pursue the copyright registration process if you have a completed draft of your screenplay. Even if it’s just the first draft, it does not matter if you write subsequent drafts; the work as a whole, all drafts included, are covered by copyright.

What about WGA registration? Isn’t that the same thing?

Good questions. Getting WGA registration is nice and all, but, ultimately, copyright trumps the WGA every single time. I say this from the experience of being through the production process. Put simply, it starts what is called the chain of title for your work so you can get paid for the rights to your story. It is the only way to legally show proof of ownership of your work. And getting paid is a good thing, right?

Having proof of copyright is also necessary if the movie of your script will have any SAG actors. The Screen Actors Guild requires a mountain of paperwork up front prior to any production with their members in the cast. One of the first things on their checklist is: Copyright Registration Certificate.

Isn’t my work automatically copyrighted the minute I write it?

Technically, yes. But, without the proof from the Copyright Office in the form of an official Copyright Registration Certificate, the ownership of your work will always come into question from anybody seriously thinking about producing your script. And they won’t touch it with a ten foot pole until you do. If they say, “Don’t worry about it,” run away. Quickly.

Having this also shows a level of professionalism to others in the industry. It says, “I know how to protect my own work and follow due process to work with other professionals.” That’s just a fringe benefit though.

Also, if you submit your script to anyone that might be shady or unscrupulous, and you have not copyrighted your work officially, then they can rip your work off heart and soul and you won’t really have any legal leg to stand on.

Okay, so how do I do it?

Believe it or not, this is the easy part, and it doesn’t cost hardly anything. Of all of the things the U.S. government has done, they managed to keep this process down to a 4-page form, called the Form PA (PA for Performing Arts.) You can download a PDF version of Form PA from the Library of Congress site by clicking here. Arguably it’s only 2 pages long; the first 2 pages are the instructions and even the other 2 pages have big sections for the clerks at the Copyright Office to file your claim.

Once you have it downloaded, it should take about 20-30 minutes at the most to fill it out. Under “Nature of This Work” box, put in “Motion Picture Screenplay”.

When you’ve got the form filled out, put your check in for $45 payable to the “Register of Copyrights”, a printed copy of your script, and your Form PA into an envelope and ship it off. You can get it sent by registered mail if you so desire, it’s not critical.

The time to get a Copyright Registration Certificate back can vary by time of year and how much influx of material the Copyright Office is receiving. As of right now, they are experiencing a severe backlog and can only promise a return in 6 months time of a Certificate. However, don’t fret!

From the Copyright Office site:

“Your registration becomes effective on the day that the Copyright Office receives your application, payment, and copy(ies) in acceptable form.”

If you send your package via Registered Mail with a signature required, you can then get a track on your package and then use that as your temporary proof of copyright until the full Certificate arrives in the mail.

This is still kind of a pain to me. Is there any way to do this online like the WGA?

Currently, a beta-testing program is in progress for a select testing group to do electronic uploads of their work for quicker evaluation and registration. As of this writing, though, it is not available to the general public, but we can only hope they get it working soon.