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.

When is it OK to Use Copyrighted Materials Without Obtaining Permission

By:  Tifanie Jodeh

Copyright is protective of works such as photographs, music compositions, films, sculptures, news articles and paintings.  These forms of creative, expressive media are protected as any “original work of authorship fixed in any tangible medium of expression.” (Under the Copyright Act)

Many content creators are confused about the fair use doctrine and whether they need permission to borrow from the owners of copyrighted works. “Fair use” allows conditions under which content creators can use material that is copyrighted by someone else without paying royalties or needing to obtain a license.  It gives the public a limited right to draw upon copyrighted works to produce separate works of authorship. Such examples of uses include news, fair comment and criticism, parody, reporting, teaching, scholarship and research. Filmmakers, artists and writers benefit from the fact that the copyright law does not exactly specify how to apply fair use.  Creative needs are considered and whether the use is “fair” according to a “rule of reason”. 

Courts employ a four part test (set out in the Copyright Act) and ask two key questions:

1.  Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than the original, or did it just repeat the work for the same intent and value as the original. 

2.  Was the amount and nature of material taken appropriate in light of the nature of the copyrighted work and of the use. 

If the answer to both questions is in the affirmative, a court is likely to find a fair use. 

For example, if a reporter quotes a paragraph from an article you wrote online and that reporter compares your opinion with that of other commentators, this is likely permitted by the fair use doctrine without the need to obtain your permission.

Be sure to keep in mind that fair use is a very fact-sensitive defense to a copyright claim.  It is sometimes difficult for producers, writers and content creators to determine beforehand whether a particular use is in fact a fair use. For this reason, it is a good idea to seek out a license before engaging in a use that might be a "maybe" fair use.

For more information, visit the copyright office at http://www.copyright.gov/

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.

When is it OK to use Copyrighted materials without obtaining permission. By: Tifanie Jodeh

As digital signage emerges further into the mainstream marketplace, content providers find it necessary to retain value by displaying content which captures attention, educates, promotes, and entertains and, most of all, generates revenue.

This article briefly addresses how content providers can deliver such content legally.

It is likely that most everyone reading this article has taken a magazine to the scanner and made a copy of an image or article of interest. On the same level, it could be assumed that a select number of content providers may have incorporated a film clip or piece of music into a produced piece which was displayed to the public. The issue is whether such use was a violation of copyright law. 

Copyright law is protective of works such as photographs, music compositions, films, sculptures, news articles and paintings.  These forms of creative, expressive media are protected as any “original work of authorship fixed in any tangible medium of expression.” (Under the Copyright Act).

Many content creators are confused about the fair use doctrine and whether they need permission to borrow from the owners of copyrighted works. “Fair use” allows conditions under which content creators can use material that is copyrighted by someone else without paying royalties or needing to obtain a license.  It gives the public a limited right to draw upon copyrighted works to produce separate works of authorship.

Such examples of uses include news, fair comment and criticism, parody, reporting, teaching, scholarship and research. Filmmakers, artists and writers benefit from the fact that the copyright law does not exactly specify how to apply fair use.  Creative needs are considered and whether the use is “fair” according to a “rule of reason”. 

Courts employ a four part test (set out in the Copyright Act) and ask two key questions:

1.  Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than the original, or did it just repeat the work for the same intent and value as the original. 

2. Was the amount and nature of material taken appropriate in light of the nature of the copyrighted work and of the use. 

If the answer to both questions is in the affirmative, a court is likely to find a fair use. 

For example, if a reporter quotes a paragraph from an article you wrote online and that reporter compares your opinion with that of other commentators, this is likely permitted by the fair use doctrine without the need to obtain your permission.

The following are some common questions with regard to usage of content:  “What if the usage had been only to advertise the network?”  “Can I use of segment from a music video or copy an excerpt from an article without obtaining permission?”  “What if I am planning on getting permission after the content is displayed?”   “If I am not making money from the display of the content, do I violate the copyright act?” 

The answer to most of these questions is: It depends on the use of the content. 

Be sure to keep in mind that fair use is a very fact-sensitive defense to a copyright claim.  It is sometimes difficult for producers, writers and content creators to determine beforehand whether a particular use is in fact a fair use. For this reason, it is a good idea to seek out a license before engaging in a use that might be a "maybe" fair use.

In conclusion, digital signage content providers, whether agencies or individuals, should consider the following before incorporating material into their content:

Don’t assume you have permission to use copyrighted material.  Be sure to get the permission in writing. 

If you did not create the content yourself then assume that it is copyrighted and you should obtain permission for its use. 

If you think you made need a license to use the content, then you probably do.

Assume and prepare for negotiating license fees or obtaining permission to use copyrighted material.

Have a second choice lined up in the event that you do not obtain permission from your first choice. 

You will most likely be required to provide a credit for the use of the copyrighted content (such as: “footage provided by XYZ Network”).

If you are in doubt that you need permission to use a certain clip, image, quote, or song, then stay on the safe side and obtain permission.  You should retain an attorney to help you through this process. 

For more information, visit the copyright office at http://www.copyright.gov/.

COPYRIGHT & DISCLAIMER

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