Should I Copyright my Screenplay?

As a screenwriter, you probably spend countless hours at your desk, watching the cursor as it moves eloquently along the page, adding line after line of text. But it’s more than just text, you’re creating the lives of new characters, an entirely new world is being produced, just one word at a time. When it’s all done, you most certainly want to know that the work was not in vain and that it will be protected. It’s your own intellectual property and you deserve to know that your work is safe, but you’re probably wondering, “Should I Copyright my Screenplay?”

Perhaps you’ve heard that as soon as you wrote the screenplay it was protected by U.S. Copyright Law? It’s true! Your screenplay is protected the minute you create it. And the character descriptions.

As well as various other elements of your story also have protection. But there’s some confusion as to how the protection of the Copyright Act works. So, “Should I copyright my screenplay, or not?”

Registering Your Copyright is Important 

Although your screenplay is protected the minute you finish writing it. The only way to technically prove that you are the one that came up with the story and the characters.

And that you’re the one that can enforce the protections of a copyright for the work is by registering the copyright. If you want the protections that are available to you, the copyrighted work’s creator, then you’re going to have to register the copyright. 

Registering your copyright ahead of time, before anyone is able to steal your work or otherwise repurpose it as their own is key! In fact, you want to register the copyright for your screenplay as soon as you’re done writing it.

Because this is your best defense against someone stealing your copyrighted work.

Benefits of Registering your Screenplay Copyright

As we navigate the common question, “Should I copyright my screenplay,” it’s important to consider the benefits that come along with your decision to register your copyright.

Registering the copyright for your screenplay before you actually “need” to is important. Because this is your way of proving that you are the original creator of the work before anyone else attempts to do so. And it’s your only defense should someone actually steal your work.

Although registration is not required in order for your work to be technically “protected” by copyright. You have little recourse if you find that someone has stolen your screenplay. Unless you have registered the copyright.

IF you have your screenplay copyright registration then when someone else steals your work you can:

• Sue for copyright infringement.
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• Show proof, by public record of copyright registration, that you are the original creator of the work and also that the work is protected by a copyright.
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• Establish prima facie evidence in court that validates the copyright and the facts that are stated in your copyright registration. 
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• Seek statutory damages and attorney’s fees for any lawsuits you must bring forth for copyright infringement as a result.

Registration

Registering your screenplay for copyright protection before anyone has seen it is vital! This way, you can guarantee that your screenplay copyright is registered before any potential risk of copyright infringement may arise.

And this means that you’ll be able to seek statutory damages. Attorney’s fees should someone later attempt to infringe your work. 

What are Statutory Damages?

We realize that your interest is mostly in learning whether or not you should copyright your screenplay. And while we’ve mentioned the importance of registering your screenplay copyright immediately after you finish writing the screenplay.

We cannot stress enough the importance of this step. Because it provides you with the right to sue for statutory damages and attorney’s fees. 

The Importance

But, what are statutory damages? And why is this so important to protecting my screenplay?

Statutory damages are those which are awarded in a civil trial such as a copyright infringement case in which the amount that is awarded is not directly based on a specific measurable degree of harm but rather based on a statute.

The difference between being able to sue for statutory damages in a copyright infringement case for your screenplay or only being able to seek actual damages is literally the difference in whether you walk away comfortably accommodated for the mess of someone stealing your work or you end up totally screwed!

A Timely Manner

Registering your screenplay copyright, ahead of anyone stealing your work. And all within 3 months of your writing it is vital! This is the requirement in order for you to qualify for statutory damages and attorney’s fees when you sue for copyright infringement.

Under U.S. Copyright Law, statutory damages can provide between $750 and $30,000 per work that is infringed. And, if the court determines that copyright infringement was intentional?

The amount of statutory damages that may be awarded under the Copyright Act rises up to $150,000 per work. Thus, if someone intentionally violates a copyright, steals your screenplay.

And you’ve registered ahead of time you could potentially receive statutory damages of as much as $150,000 for the act. 

Definition

Unlike actual damages in which the individual must prove that a monetary damage was incurred. Statutory damages provide the copyright owner with specific benefits. That are generally much more substantial than they would be if only actual damages were to be awarded.

And for this reason, it’s very important for you to register your screenplay copyright just as soon as you finish writing the screenplay and definitely within 3 months of publication.

Should I Copyright My Screenplay?

So, as we navigate providing an answer to the very common question that screenwriters have all the time, “Should I Copyright my Screenplay?” The answer is, your screenplay is already copyrighted as soon as you publish it.

But you should definitely register the copyright for your screenplay! Registration is your only defense against copyright infringement that provides you with the ability to sue for statutory damages.

Prove that you’re the true original owner of the copyrighted work. And initiate the true powers of copyright infringement protections that are afforded to creators like yourself under the United States Copyright Act. 

In Summary

So the next time someone asks you, “Should I copyright my screenplay?” Make sure you let them know that their work is copyrighted as soon as they write and publish it.

But if they intend to execute the protections of the copyright, they should certainly visit the U.S. Copyright Office website. In order to register the screenplay copyright ahead of sharing the published document with anyone in the industry or otherwise.