Copyright and Submission Law (and why you should care)

As Dorothy Parker once said: “The only ‘ism’ that Hollywood believes in is plagiarism.”

At this very moment, there is a hit TV show on air that was stolen from a friend of mine. When I say “stolen” I mean the show was based on a television pilot script my friend wrote, but her name is nowhere in the credits, nor will she ever see a dime of profit. How this happened is a long, sad and too common story. What’s important to learn is how to prevent it from happening to YOU.

What is protected by copyright?

1. Original works of authorship 2. Fixed works of creativity (i.e. written down or filmed, not transitory)

Who owns the copyright?

1. The author or authors of the original work

OR

2. The company who hired the employee or independent contractor to create the work

Rules of thumb:

ALWAYS register your literary work with the U.S. Library of Congress – a somewhat awkward process but worth the hassle. http://www.copyright.gov/eco

If your work is not literary, find the appropriate organization for your medium and register your work.

ALWAYS inform people you have the copyright by displaying it clearly on your work like so: © your name here

ALWAYS document where, how and to whom you showed your work/idea. Doesn’t have to be fancy, just keep track of where your work goes.

ALWAYS document invitations to submit work and/or pitch your ideas. You can do this before or after the submission by simply sending an email. “Thanks for inviting me to pitch XYZ this coming Wednesday.” “It was a pleasure pitching XYZ project to you yesterday.”

If you want to be even more formal, you can ask people to sign a Non-Disclosure Agreement. There are lots of examples on the internet. Here's one you can download: http://www.docstoc.com/docs/2533777/Non-Disclosure-Agreement---Download-Now-DOC

If you want to be less formal, have a verbal understanding and then confirm it via email.

Things to remember:

- If your work is stolen (i.e. used/reproduced without your knowledge and/or permission, without you getting credit and/or compensation) and you decide to sue, you are eligible for statuary damages (more money) if you can prove you own the copyright and it was clearly displayed it on your work.

- Unsolicited submissions don’t count! You are not protected. Get invited to submit or pitch, and then document the invitation and surrounding details, as stated above.

- If your work is stolen, the courts will want to see evidence of: Copyright ownership Copyright notice Direct evidence of unauthorized copying The stolen work is substantially similar to the original work The accused had access to the original work

- The more details in your work, the better. It’s very hard to prove and win infringement.

Last thoughts:

I learned some of this information during a seminar presented by Mark Williams, partner at One LLP (formerly O’Melviny & Meyers), and hosted by California Lawyers for the Arts (C.L.A.). If you’re an artist or writer, I highly recommend joining this organization.  http://www.calawyersforthearts.org

Happy creating!!