Okay, admit it.  Your number one fear is that after spending 
months to years perfecting your screenplay, it gets stolen by an 
unscrupulous producer and makes everyone on the planet rich except 
you.  You wake up screaming and sweating in the middle of the night 
after submitting your blockbuster.

       Is your fear justified, or are you just paranoid?  Remember 
the line "just because I'm paranoid doesn't mean I'm not being 
followed", and keep your wits about you.

       I'm not saying that Hollywood is dishonest, because in the 
vast majority of cases it isn't.  But it only takes one slip up, 
and your property could be gone forever.  So how do you protect
yourself from being a victim?

       First, let's stop thinking in terms of being a victim and 
get on the offense.  If you avoid the obvious mistakes there is 
little chance of having to defend your rights.  So what are the 
obvious mistakes?  Here is my list, in descending order of 
importance:

1.  Never give your work to ANYONE until you have copyrighted it.  
And that includes putting a proper copyright notice on every copy, 
followed by the words "all rights reserved".   This is a must.  
Without it, you are just begging for trouble.

2.  Keep a log of who you discuss your work with, and another log 
of who you send copies to.  Number each script, and log who gets 
it, when it was sent, and when it is returned, if ever.

3.  Keep copies of all documentation refering to your work, 
including cover letters on submissions and script requests and/or 
rejections from anyone you send your work to.

4.  Always qualify the person asking to read your work.  Sending 
out copies to anyone who asks is dangerous.  Always ask yourself 
"why am I sending this person a copy of my script?  Can I trust 
them, and are they in the right position to do what I want to 
have happen?"  If the answers are not "yes", then don't let them 
have your script.

       The copyright and notice accomplish two things.  First, it 
puts the world on notice that you claim ownership and control of 
the property.  Second, it confers on you certain statutory rights 
which cannot be obtained in any other way.

       Yes, I know, you are going to ask me about registration with
the WGA and/or other script registration services, and mailing a 
copy of the script to yourself.  Although I won't tell you not to 
use these methods, I will tell you that they are not a substitute 
for a copyright.  Maybe the following will help you understand why.

       Before you can successfully sue someone for plagiarism (the 
unlawful use of your written work for profit) you must establish 
three elements.  1.  That the work is not in the public domain.  
2.  That the defendant had access to the material.  3.  That the 
product sold by the defendant has sufficient similarity to your 
work that it can be determined that it was lifted from your work.

       Now think about how these elements fit the list of protec-
tions above.  It is a copyright and notice that take your work out 
of the public domain.  It's your logs and documentation that estab-
lish who had access to the material, and when.  Substantial similar-
ity is a question for the jury.

       Can you tell me which of the three elements is covered by some
other form of registration or mailing?  Do them if it makes you feel 
better, but not as a substitute for copyright.  There is no equivalent 
substitute.

       What about signing a release?  As an unrepresented writer, you 
will not likely find a reputable producer who will accept your script 
without a signed release form.  Although it is primarily for the pro-
tection of the producer, it does tend to establish access.  However, 
submitting through a recognized WGA franchised literary agent,  enter-
tainment attorney, or personal manager is always a prefered method of 
doing business.  It adds another level of protection and credibility 
with the reader, and avoids the necessity of signing a release.

       Last, but certainly not least, avoid making unsolicited sub-
missions.  Never send your scripts to anyone who hasn't requested to 
see them.  Your ability to prove access is almost completely destroyed 
since most people in the business routinely discard unsolicited submis-
sions without opening them.

       If you ever do feel that a film was based on your work without 
your having been paid, make sure you can establish that the people 
involved had access to your script.  If you can link your work via 
your logs, etc. to someone involved in the production at a time prior 
to when the film was produced, go see an experienced copyright liti-
gator immediately.  This is a difficult and specialized area of the 
law.  DO NOT GO TO THE GUY WHO HANDLED YOUR CAR ACCIDENT!  Read the 
trades and find out who has successfully handled cases like yours.  
If none of them will take your case, you probably don't have one.

       If you want to be a part of Hollywood, you won't get there by 
filing meritless lawsuits.  Hiring a shark to sue a studio, and losing 
your case, will brand you as trouble and possibly destroy any chance 
you have of getting into the business.  So don't do anything rash here.

     Good luck and keep writing.

© SOBEL 1998
all rights reserved

Glenn Sobel is an established personal manager who previously practiced 
entertainment law and did business affairs for a talent/literary agency 
and motion picture production company.  You can find out more about Mr. 
Sobel and submission guidelines for possible representation at his 
website.     
             

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