Hi all.

I'd like some advice on how it works to copyright a film idea and everything that involves it? (e.g. Characters names and design, soundtrack etc?). I know there is the PATENTS. But how it works? What should I do before go to register it?

Let's say, for an example, how did George Lucas have registered all the characters of Star Wars?
I've red when he did American Graffitti, the production company registered his music selection, launched it, and earned millions without giving a cent to him?

Just trying to protect a good idea to avoid surprises ater selling a screenplay.

What exactly are you trying to register? A script? A finished film? Characters? The soundtrack?

Since you posted this under the screenwriting section, I assume you meant a screenplay.

In the USA, we have the Library of Congress, which safeguards writers against intellectual theft. I see that you're writing from London... I'm sure Britain has a similar institution that copyrights intellectual properties as well.

In your post you said you would like "advice on how it works to copyright a film idea." Well, ideas are non-copyrightable. An idea is just a concept -- something that exists only in our heads. Copyright institutions require that the work registered be in tangible format -- like a script, for instance. Their policy is that they can only register the "expression of an idea." First you need a screenplay, then you need to contact said agency and read their submission guidelines.

In Lucas's case, I don't think he himself registered all the characters. In a way, the movie itself registers them. But I'm sure the studio at some point started Trade Mark claims on all the character before they started selling the figurines, posters, toys, cards...

If you're a budding filmmaker just trying to get some protection, I would suggest registering to things only:
1. The script's final draft, and
2. The movie's final cut.

Sometimes for each copyright claim, it is required a separate submission process. If you add them all up, the fees may get expensive.

Hope this helps,

The truth is that it is very difficult for someone else to steal your idea and not be caught for it if you write it in some, as mentioned above, tangible form. I'm not saying that you shouldn't register with something like the WGA (which is available to nonmembers for about 20 bucks per script), but if someone actually steals your idea and you can prove it was yours first, you tend to win.

Which is not to say, also, that it's easy or cheap to pursue genuine theft.

What I am saying is that it doesn't happen much and that a lot of the stories you hear about it are just that.

As to the example of George Lucas - having written the script and created the characters he had all the rights to the characters already. The studio had merchandising rights to the film itself once they bought the script and produced it... then some dope agreed to give Lucas all the merchandising rights (instead of just the royalties he was entitled to) in exchange for cutting his directing fee. And that's why George Lucas is a billionaire.

But even if he hadn't made that deal, because they were his characters, all the toys and games and books still would have had to pay him royalties. He'd still have profited handsomely from his ideas.

As for American Graffiti, what happened there is that Lucas picked the music for the film (not uncommon) and the studio secured the rights (including soundtrack release rights). So when they released the soundtrack they had no reason to pay him anything. It wasn't part of his contract, and Lucas did nothing more than pick the songs he wanted in the film. He didn't in any way create the music.

But, in a nutshell. If you actually create something - look into how to register it and do so. It may never be needed (hopefully), but if it is the fees involved will be more than worth it. You don't need to go crazy, though. One respected place (Library of Congress, WGA, etc...) will be sufficient for each version of your idea (script, film, etc...). Don't go broke registering your idea at a dozen different places.

Keep in mind that the WGA only protects you for 5 years, after which you would have to re-pay the $20 for more 5 years.

The Library of Congress will give you protection for your lifetime and years after that. It costs $35 for the online registry.

The WGA registry service is more appropriate when you want a quick registry, whereas the Library of Congress is better for long-term registries.

Also, bear in mind that the WGA does NOT entertain copyright claims -- only the USA government has the legal power to do so.

Hi guys.
Wow! Thanks a lot for the answers... 2 years later I wrote, you still bother to help. Much appreciated.

Ok, as I noticed you are really into it and know a lot, I will clairfy some points of my case.

1. I'm still optioning a BOOK, from which I'll BUY the rights in full, so the movie is possible to be made and the screenplay is possible to be sold for to a studio, what would generate aanotehr contracts, etc...

2. The MAIN point of my question, is that, other than being my screenplay based in this book, the book itself is a ROMANCED STORY BASED ON REAL CHARATCERS (apart of some I;ve invented for the story, but secondary characters). They all EXISTED! its a bit more complicated than that. I'd appreciate any advice on that. But I assume everything would still stick to the screenplay that i will register.

3. The screenplay is already registered in my country's legal institution for escreenplays. Although with an authorization provided by the Author, yet we dont have a porper contract, in full, only an OPTION CONTRACT.

4. NOW, what I need more than register ALSO in USA and probably EUROPE, is to have a MODEL of a decent contract (US model), where I could rewrite it with my lawyer accodring to these standards, and be prepared to sell it to a US studio, which would be associated to my production company in my country.

Well, think that is more clear. I really appreciate any advice on how this subject.

Thanks again for your valuable help.

Best,

Now we're getting really specific and I should say that I'm not an expert and the information contained in this post is provided to you “AS IS” and does not constitute legal advice.

I think that if the novel's publisher already negotiated people's rights you do not have to worry about that again. Basically, if you purchase the novel's rights, all the previous rights are transferred to you. I have never purchased a novel much less one based on a real story, so I don't know what to tell you. Plus, the laws could be different in London.

Hopefully there's some here familiar with British legislation to help us with this quandary. Otherwise my advice is for you to try someone who's an expert in this area.

Best of luck!

I just want to add that while it's more likely that you'll work with George Lucas and meet him in person than it is that some well known writer/producer or other industry person will steal you script.

However keep in mind - the script and it's contacts are all that are protected. The idea cannot be fully protected in terms of the WGA. US copyright office is a better and more solid source if you are looking for a long term protection. But also remember than if you copyright your script and then you rewrite it and the rewrite takes major chunks out of the story or there's a different plot, etc, it's strongly suggested to copyright it again.

Hope that helped!