The 2 Copyright Forms Every Screenwriter Should Know

Every screenwriter should know two specific copyright forms used to protect qualifying written screenplays, often referred to as “Intellectual Property” or “IP.” 

Why is this so important? Because Intellectual Property is the basis of all wealth in the entertainment industry.

Before discussing these two important copyright forms, it is important to know how to register a screenplay for copyright with the U.S. Copyright Office ("USCO"). There are two possible ways to file for registration:

(a)   File a paper copyright Form PA ("Performing Arts") by mail; or,

(b) Open a free electronic copyright online account (eCO) and then register your screenplay as a "Work of the Performing Arts."

What is the cost of registering a screenplay? You can get the cheap protection of a U.S. copyright by registering your script online for the current price of only $35.00, if the work is original by one author, not based on a prior work, or not written by two or more co-authors.  The registration cost is slightly higher for screenplays by multiple authors, adaptations, or registration on paper forms by mail.

Right about now you may be wondering why should you even think about registering your script for copyright with the USCO. Some people mail themselves a copy of their script, known as the "poor man's copyright." However, this is a waste of time and postage, as explained further in this article.

Other writers choose to file a script registration with the Writers Guild of America. While this filing provides a date on which the work was submitted, it does not allow screenwriters to recover the substantial costs, legal fees and damages fixed by law. These damages are only available to copyright owners who registered their work with the USCO, as detailed later in this article.

Why are the "poor man's copyright" and a WGA filing unnecessary? Because, although unbeknownst to many screenwriters, scripts are copyrighted once they are “fixed in a tangible medium expression." This means the script is copyrighted at the moment it is put into a physical or digital form that allows someone to read, listen to or review the work in any stage of the writing process, whether draft, rewrite, or polish.

Registering a screenplay with the USCO, instead of using the “poor man’s copyright” or filing with the WGA, is the only way for a screenwriter to access all the legal benefits available under U.S. copyright law for infringement. Infringement is the unauthorized copying, transmission, or other use of an author's work without the author's permission.

Registering a work for an official copyright with the USCO yields the author legal proof of ownership of a work which is required evidence in litigation against an infringer. This proof is the official, numbered and dated Certificate of Registration of the copyrighted work sent to the copyright owner by the USCO.

A person who infringes on a copyrighted screenplay by using, copying, uploading, downloading posting, selling, giving away or otherwise distributing it without the owner’s written permission, is a contributory infringer. This type of unauthorized user can only be held responsible for the screenwriter's “actual damages” if the screenplay is not registered for copyright with the USCO. These damages are the screenwriter's total losses from the infringing acts as well as the infringer’s profits, which sometimes may be difficult to prove.

However, if your screenplay is registered for copyright with the USCO and you win an infringement lawsuit, the infringer can be held liable for court costs, attorneys fees and “statutory damages” fixed by statute, or law, ranging from $750 to $30,000 per infringing act. When determining the number of infringing acts, each unauthorized copy or download or printout of a copyrighted script counts as an infringement. This means that if someone uploads a copy of your script without your permission and 500 people download it, there are 501 acts of infringement – the one upload and the 500 downloads. 

Additionally, if the court finds that the infringer “willfully” infringed on your script, statutory damages can be increased up to $150,000 per infringing act. “Willful” infringement is the intentional use or taking of a copyrighted work by a third party without the copyright owner’s permission

In an infringement case, the screenplay owner could request an award of actual damages instead of statutory damages, such as in a case where a third party sold the script without authorization and got paid a substantial sum. However, the chances of this happening today are virtually nil in script sales to studios, mini-majors or major production companies. These potential buyers carefully research USCO records and require legal documentation, including actual USCO Certificates of Registration from sellers, prior to purchase to verify the actual owners of scripts as recorded in USCO records. 

This is why it is so important to get "Cheap Protection" for your screenplay. Now that you know the reasons to register a script for copyright with the USCO and the benefits to be gained from USCO registration, take a look at the two most important copyright forms a writer should know.

If using paper forms, a screenwriter should use Form PA to copyright her script as a “Work of the Performing Arts." If multiple writers have contributed creative input to the script, the screenwriters should register on one Form PA, and if co-authors number greater than three, they will need Form CON (“Continuation Form”). A deposit of the work is required in hard copy form if filing with paper forms. Remember to send any paper registration via certified mail, return receipt requested or with other proof of delivery, so that you have evidence of mailing your registration.

If filing electronically on the USCO website, the screenplay owner or co-owners should file one registration classified as a "Work of the Performing Arts." No Continuation Form is needed since the online form allows additional space for multiple authors' names. A deposit of the “best edition” of the script is required with registration, which may be uploaded as a digital file. 

A description of Forms PA and CON follows.

1.      Form PA: Use this Form to register dramatic works, including screenplays, intended to be performed before an audience either directly or indirectly with the aid of a machine or device.  Even if the written work never makes it to the big screen, the work is still protected by copyright because the writer’s intention is for it to be produced and performed before an audience. The great news is that once a screenplay is registered with the U.S. Copyright Office it is valid for life of the screenwriter plus 70 years after her death.

2.      Form CON:  Use Form CON to include additional information that will not fit on one of the above forms, marking this Form with the letters of the Form that applies to your work. For example, if you write a script that you copyright on Form PA, then add the letters “PA” to the letters “CON” printed in the upper right-hand corner of the form.

To register a script using a paper form by mail, a screenwriter should send to the U.S. Copyright Office a completed Form PA and a completed Form CON if needed to provide answers to all questions that to not fit on Form PA, together with printed copies of the "best edition" of their script.

Now that you know the two most important copyright forms every screenwriter should know, register your works today at the U.S. Copyright Office website, www.copyright.gov.

Happy Copyrighting!

M. M. Le Blanc, JD, MBA

For more information on copyrighting screenplays, or for television or music writers, or for film and television producers, order one or more of M. M. Le Blanc's award-winning 5-volume Entertainment Industry Series Copyright Handbooks:  ©HEAP PROTECTION: COPYRIGHT HANDBOOK FOR SCREENPLAYS, ©HEAP PROTECTION: COPYRIGHT HANDBOOK FOR TELEPLAYS, CHEAP PROTECTION: COPYRIGHT HANDBOOK FOR MUSIC, ©HEAP PROTECTION: COPYRIGHT HANDBOOK FOR FILMS, or ©HEAP PROTECTION: COPYRIGHT HANDBOOK FOR TV PRODUCTIONS (& WEB SERIES) published by BizEntine Press and available in the ISA Store.