How to Register your Work- WGA vs. Copyright Office?

By: Tifanie Jodeh

Throughout my career, I have had the unfortunate experience in receiving calls from writers, producers and directors informing me that their work has been copied or used without their permission.  My very first question is to ask if the work had been registered.  Almost 80% respond in the negative! That's not only damaging to your rights in protecting against the unauthorized use, but it becomes very personal to the writer as the work is his/hers’ “baby”.  

Do not let this happen to you!  Let us help protect your “baby”. 

Hence, I make a call to action for all of you writers, producers and directors out there!  You need to protect your scripts, stageplays, novels, drawings, pitch presentations, poems, short stories, films, sizzle reels, webisodes, treatments and the like!  The expense in doing so is far outweighed when compared to the realities of the options available to you otherwise. 

Our office offers fast, reliable, inexpensive and competent registration services of your work.  Register your work today!

FAQ:

Registration- WGA vs. Copyright Office?

Registering with the Writers Guild of America is useful because it creates a public record of your claim to authorship.  The registration is simple and response time is faster than that of the Copyright office.  There are actually two separate guilds, the WGA west and WGA east.

Is it better to register at one guild over the other?  The WGA east has a fee for non-members that is $2 more, but it keeps registered work on file for 10 years as opposed to the 5 years you get with the WGA west.

Note, that the WGA registration is available for written specimens only.  In other words, you cannot register audio-visual works such as a film, webisode or sizzle reel.

Though WGA registration is less expensive, quick and convenient, do not believe that it is a substitute for registering your work with the U.S. Copyright Office.  Plus, for those of you with audio-visual works to protect (such as a sizzle reel, movie trailer or motion picture), copyright registration is your only protection! 

Copyright registration offers additional benefits:

1. Registration lasts for the life of the copyright; meaning the author's life plus 70 years.
2. You can seek federal statutory damages and reimbursement of legal fees rather than just "actual damages and infringer's profits" that you might otherwise receive.
3. Your work is protected to the fullest extent of the law, worldwide.
4. Proof of chain of title.  Studios, distributors, sales executives, producers and executive producers often require proof of copyright registration before your project can be "greenlit" for production.
5. The rights will be able to pass to heirs in a will, living trust or through intestacy.

Is there a downside to registering with the Copyright Office?  It costs more and it generally takes longer (approximately four to six months) to receive the official certificate. The processing time is somewhat negligible because the registration is time/date stamped at to when the work was filed and, therefore, you can claim copyright registration “pending” in the meantime.  Copyright protection is deemed effective as of that date.

Should you register with both a WGA branch and the Copyright Office?  There’s no need. I have had clients ask me to do both, which, given that the fees involved are nominal there’s really no harm in additional records of protection available to you.  However, as between the WGA and the Copyright office, I recommend 100% go the Copyright Office route. 

Fees?  We help you bypass the complex and expensive process of registering your work on your own. Our fees range between $69-120 depending on the type of application. Additionally, filing fees are $10 for WGA members at either guild, $20 for non-members at the WGA west, $22 for non-members at the WGA east.  As for the copyright office, a fee is between $35-$85 (depending the type of work it is) will give you the satisfaction of full governmental protection. I recommend having someone like me, an entertainment attorney, oversee the application, as it can be complicated depending on the work being registered. 

Notices?  If you register a script with the WGA, make sure to state "WGA Registered" notice on the title page.  Once the certificate is received, Copyright notices consist of three parts, placed in any order: the word "Copyright" or the copyright symbol, the name(s) of the copyright owner, and the date the material was copyrighted (created).

When you register your work, you can be assured that your it is properly protected to the fullest extent of the law.  By using our legal service, you’ll also benefit of our expertise in the entertainment industry. 

COPYRIGHT and DISCLAIMER:

Tifanie Jodeh is Partner at Entertainment Law Partners dedicated to corporate, business and entertainment affairs.  You may contact her at Asst@entlawpartners.com.

Tifanie Jodeh grants column recipients permission to copy and distribute this column and distribute it free of charge, provided that copies are distributed for educational and non-profit use, no changes or revisions are made, all copies clearly attribute the article to its author and include its copyright notice.

DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.

Clear It or Ditch It!

BY:  Tifanie Jodeh

The script, all script revisions, and every item to be used as a prop and/or set dressing must be cleared.  

Rule of thumb:  You either clear it or ditch it!  This rule of thumb should be applied to each and every clearance issue and item under review for use in a film.  It's best (and cheaper) to do this BEFORE you start shooting.  If you aren't able to get it cleared, then you know not to use it.

I recently conducted clearance review on a film (already shot) and identified for the producers some items which had clearance exposure and risk.  One particular troublesome issue was the use of a major airline's webpage in a scene.  The use of the website was a key point in the scene.  While I was successful in obtaining permission for the use, it took approximately 1 month to get all the required approval from the airline and a volume of correspondence regarding the use of the airline's logo in the scene and in the film.  

“Clear” means:  for script elements (discussed below) that, following legal review and research, that there are no legal issues, or in the case of other items (as discussed below), that proper written authorization has been obtained for the use. 

Below, find a list and examples of the most commonly items cleared in a film:

Literary Works:  Literary works, which include books, short stories, film, television programs, art work, fine art, still photos, among other things, must be licensed.  

The Script:  All drafts of the script and any material revisions needs to be researched by a professional script clearance company and reviewed by your attorney who will provide recommendations for changes to the script in order to avoid exposure. 

News and/or Stock Footage:  News organizations can license the footage that they have shot at press conferences to other entities.  But, any people who appear in the shot, for example a news anchor, will have to be separately cleared.  

Locations, Buildings, and Installations:  Examples Include:  Parks, cemeteries, office buildings, promenades, and homes.

Photographs:  Still photos fall into several categories:  These include:  Publicity Photos (photos for publicity in a film); Production Stills (photos taken on behalf of the production on the set of the motion picture or TV); Film Posters; Paparazzi Photos; and Magazine Covers, Website Front Pages, Book Covers involve three layers of clearance: 1) the magazine, 2) the photographer who took the photo and 3) the person who appears in the photo.

Music:  Hire a good music supervisor!  No on-camera use of music in any form (including humming, whistling, reciting of lyrics in dialogue or otherwise) can be used unless it has been cleared.  To the extent non-original music is used, the music supervisor or whomever may be required to obtain two forms of licenses:  Synchronization license and Master use license. 

Apparel/Products/Logos:  Featuring a product, service logo or trademark (a Nike logo on a shirt) must generally be cleared.  If a product has not been cleared, then caution must be exercised as to how it is used in the film, it cannot be featured or used or referred to in a derogatory manner.  Items such as groceries (Coolwhip), candy (Willy Wonka), chips (Doritos), drinks (Red Bull), health (Advil) and beauty products (Maybelline) should be cleared or created as something original by the props department. 

Props/Production Design:  Examples include: Publications (magazines, newspapers, book, articles); Paintings and Fine Art; Posters, Record Covers and CD Covers; Graffiti and Tattoos; Games, Weapons, Vehicles and Toys; Logos and Trademarks.

Motion Picture/Television Clips:  It is recommended that any excerpt from a feature film or television show must be licenses from the copyright holder and an agreement negotiated for payment for use of the clips(s).  Note here that special consideration must also be taken for SAG/AFTRA and/or DGA reuse rights of any actor appearing in the clip.  

 Youtube/Online Clips/URLs/Websites:  It is a misconception that because these online sites are public, that the content is open and free to use.  In fact, this is not true and permission should be obtained.  

Contact our office with any questions or production legal needs you may have.  We are available for phone consultations by appointment.  Contact us at asst@entlawpartners.com

COPYRIGHT & DISCLAIMER

Tifanie Jodeh is Partner at Entertainment Law Partners dedicated to corporate, business and entertainment affairs.  You may contact her at Asst@entlawpartners.com.

Tifanie Jodeh grants column recipients permission to copy and distribute this column and distribute it free of charge, provided that copies are distributed for educational and non-profit use, no changes or revisions are made, all copies clearly attribute the article to its author and include its copyright notice.

DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.

Weak Link in your Chain of Title?

To begin, a “chain of title” means a group of documents that proves you have the rights and ownership in your film, TV show, webisode, etc.  You must prove you own your project in order to satisfy due diligence requirements by investors, distributors, financiers, banks, etc.  As the your project is being produced, it is very likely you are tempted to rely on email exchanges or make handshake deals, which you believe gives you the rights to produce, finance, own and sell your project.  However, this is what I term "the weak link" in any chain of title.  As a producer, you must be over cautious is making sure the rights you gain are properly documented.  In this way, you demonstrate your professional, organizational and technical skills as a producer at the onset rather than having to go back and retrace your steps to find the "weak link" in your chain of title.  Depending on the scope of your project, you may need only a few documents or as much as a few binders.  You should know that each document must lead to the next one in the chain so as to make sure there is no gap in the rights flowing from each person and eventually leading to you.   

If you can prove a proper chain of title, you will have satisfied one of the main requirements by any distributor, financier, bank, etc.  Why?  By securing a chain of title, you can legally prove you are the owner and, thereby, avoiding a lawsuit alleging that you did not have the proper rights.  Chain of title is, sometimes, an afterthought to some inexperienced producers.  These producers discover chain of title requirements at the time they enter into distribution discussions for their project.  Distributors will deliver to Producers what's known as a "Delivery Schedule", which lists, amongst other things, required legal documents to be delivered.  Here is a list of some examples of documents you may need to have in your chain of title:

1.  Copyright registration certificates for underlying material

2.  Life Rights

3.  Writer Agreements

4.  Work for Hire Agreements

5.  Producer agreements


6.  Option Agreements

7.  Extension Agreements

8.  Quitclaims

9.  Certificates of Authorship

10.  Life Rights

11.  Copyright search

12.  Script clearance

One of the main documents a Producer will need to deliver to a distributor is Errors & Omissions (E&O) insurance.  This is required prior to any distributor buying your film.  E&O insurance will require you, amongst other things, to list and provide copies of such things as like chain of title documents, title clearance, copyrights, and script clearance.  E&O will help to protect and indemnify you from lawsuits filed against you or the project for such claims as intellectual property infringement, defamation, libel, slander, name and likeness, etc. 

 I am often asked, while performing production legal services for my Producer and Production company clients, to provide a list of documents needed for chain of title.  The type and number of documents varies depending on numerous factors, which includes the source of materials (i.e. is it from a book or original screenplay) to deciphering whom contractually on the production holds approval rights over materials, production, concept and writing services.  The most basic premise is: remember get written permission for any and all rights from EVERYONE working on your project so you can claim 100% ownership in your project.  The chain of title has to start with the very first work where your project idea originated, then work down the chain from that point.   For example, say you want to have a screenplay written based on a book.  You must acquire rights or permission to create a film based on the book from the book's author.  Then, you will most likely engage a screenwriter to write the script.  You will need to obtain the rights for the screenplay as well.  So far, the document count in your chain of title is 2.  Next, say, you have a director who wishes to have one of his employee's perform a few changes to the script.  You need to obtain the rights from your director's employee as well.  That makes 3 documents in your chain... and so on.  Also, the screenplay must have documentation proving it has been registered with the U.S. Copyright Office.  Later, eventually, you will have to obtain documentation that your actual final project is also registered with the U.S. Copyright Office. 

So, as I said at the onset of this article, avoid weak links in your chain of title!  In order to preserve your chances of selling your project and protect against potential legal claims, then it is best and most important for Producers to engage a proper lawyer to navigate and manage your production legal and the chain of title. 

 COPYRIGHT & DISCLAIMER

Tifanie Jodeh is Partner at Entertainment Law Partners dedicated to corporate, business and entertainment affairs.  You may contact her at Asst@entlawpartners.com.

Tifanie Jodeh grants column recipients permission to copy and distribute this column and distribute it free of charge, provided that copies are distributed for educational and non-profit use, no changes or revisions are made, all copies clearly attribute the article to its author and include its copyright notice.

DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.