Since 1978, copyright is automatically granted to any original creative work that is fixed in a tangible form of expression. So, if you create a screenplay or a film in any format (assuming that you created most if not all of the artistic elements), you have copyright. So why go to the trouble of officially copyrighting a work at all?
Basically, doing the work to get an official registration with the U.S. Copyright Office creates legal evidence of your copyright. This will be useful if anyone tries to steal, copy, or use your work illegally, whether they do so with a bad intention or not. Copyright registration is absolutely necessary before you can bring a copyright infringement lawsuit against someone. You may also be eligible for statutory damages and attorney’s fees if the infringing act happens after the effective date of registration. Also, your copyright registration can help to outline the ownership and division of rights if your work has multiple authors.
The copyright of a motion picture covers the expression captured in the series of images, the sounds, dialogue, and camera work. It does not cover the idea for the movie itself or the characters. Fictional characters can sometimes be protected by copyright, but usually this is an after the fact determination. Usually characters without much development, or “stock” characters that only serve to propel the action of the plot forward, will be less likely to be seen as copyrighted. Fictional characters can, however, be protected by trademark. See the article “Protecting Fictional Characters Under U.S. Copyright Law” by attorney Richard Stim for more information.
Copyrighting a motion picture does not in and of itself grant a copyright to the screenplay. The screenplay should be copyrighted separately as a Work of Performing Art.
Copyright registration is not automatic. Your submitted materials will be reviewed by the Copyright Office staff and you will be granted registration with the Office (or not) on that basis. You must submit an application for each work that you want to register, pay the required fee for registration, and provide a copy of the work to be reviewed. (In the case of a motion picture, you must also submit a written description of the nature of the work and its content.) Online registrations are generally faster. The average time to process a copyright claim is 3.1 months currently. But it helps to be as precise as possible on the requirements for the submission, and also to respond quickly if the Office contacts you for more information. Please see “Registration Processing Times” from the U.S. Copyright Office for more details.
If your work is based on another work, a so-called “derivative work”, then the aspects of your work that are copyrightable will only be those that are unique to your creative work. For example, a derivative work might mean a film that is based on a novel or a play. You cannot extend the copyright on a work by creating a derivative work, or prevent someone else from using public domain material by using this as the basis for your story. In other words, this part of the work is not copyrightable by you.
The copyright on a screenplay may be owned by another person than the director of the motion picture, commonly the screenwriter. (Or, possibly, the copyright of the film may be owned by the producer of the motion picture. Or the legal entity that the film is created under. This may be a decision of ownership that will need to be made in the early stages of creating the film.) Therefore if the filmmakers are using a screenplay that is owned by the screenwriter, they may need to get permission to use that screenplay for their work. Sometimes a screenplay (or other product of the employment with a film production) may be made as a work made for hire. In this case, the director or producer may be the owner of the copyright for the screenplay.
Your best support for copyrighting your work will be the U.S. Copyright Office itself. I’ve referenced some of their documentation in the Relevant Links section. But also, it’s their job to help you get your work through the process. So I would say dive into their documentation and start the process and they should be able to help you through any hurdles you should encounter. At this time, the fees for electronic filing of simple submissions run from $45 to $65, but the Copyright Office has a full list of fees available.
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