COPYRIGHT

"If somebody writes a screenplay, shouldn't they own a copyright before making it public?" - posted in response to one of my posts on the SCREENWRITING Facebook page by Leon Stansfield.

Those of us who have been around for a while will have seen this query, and other's very similar, pop up on a regular basis on screenwriting pages. Why are new writers obsessed with protecting their work and is there really a need to do so? Here are some answers for you, Leon.

CAN YOU PROTECT YOUR IDEA?

In short, no, you can't protect an idea. If someone likes your basic idea or outline and wants to go and write their version of it, they can. Do you remember in 1991 there were two versions of Robin Hood made and released - Robin Hood: Prince of Thieves starring Kevin Costner and Robin Hood starring Patrick Bergin? There was no copyright issue there even though it was the same idea because they were two very different versions. However, if someone lifted chunks of your story and your characters straight out of your screenplay and put them into theirs, then that can be considered theft.

IS YOUR WORK GOOD ENOUGH?

While many new writers concern themselves far too much with copyright and protecting their work, they fail to realise that in reality their writing or their idea probably aren't good enough (yet). It takes time to become a good writer, to find your own writing style and to perfect it and to recognise cliched ideas and why most screenplays fail. There are always a few exceptions to the rule, but in my experience most of the screenplays new writers are desperate to protect aren't really of a standard worth stealing. That sounds harsh, I know, but never the less it's true. Those more established and practised writers worry about copyright theft a lot less, or in most cases not at all.

MAKING YOUR WORK PUBLIC.

Why would you want to post your whole screenplay on a Facebook page? Send it to friends, peers you trust and professional readers to get feedback. Send it to producers, production companies and competitions when your work is ready. But there's really no need to post your screenplay on a public website in full view of any Tom, Dick and Harry.

HOW TO PROTECT YOUR WORK (if you really have to).

1. Once you've written your screenplay, that version belongs to you, it is your intellectual copyright. There really isn't any need to protect it further.
2. The Writers Guild of America West will, for a fee, register your screenplay for copyright purposes.
3. For every draft you write save it in a sperate folder on your hard drive and backup, making sure you put the date in the file name. Each time you start a new draft make a copy and then rename it. Then at least if the worse does happen you'll have a chronological record of what you've written and when.
4. Print out your finished screenplay, put it in a sealed envelop and post it to yourself. When it arrives keep it safe unopened. Alternatively, give it to your lawyer to keep in his safe.

WHY NO ONE IS GOING TO STEAL YOUR WORK

Why would they? If they want to take your screenplay and have it written by someone else, they'll just buy it off you and go and do that. If they steal your screenplay and get found out it will be the end of their career and it's not worth the risk. Why risk their reputation?

However, there are a rare few people out there that will risk doing this. In my experience, I've only ever had it happen twice to me and both times it was a student who tried to claim my screenplay as theirs to get a better mark on their uni project. I simply went to see their tutors and made sure I got the credit I had earned. End of! I can assure you that I've never come across a single working professional who has stolen any of my work or anyone's that I know.

THE BBC/ITV/SKY/NETFLICKS STOLE MY IDEA.

No, they didn't. I can guarantee you that somewhere right now, someone is writing a screenplay that is pretty much identical to your idea. The more cliched the idea, the more likely this is happening. I can't remember how many times I've been working on an idea only to have to drop it after finding out a broadcaster is working on something similar.

Last year I had a cracking school playground comedy idea and pitched it to a TV production company, only for them to tell me about a BBC comedy in production called MOTHERLAND. It's disappointing, but it happens. It doesn't mean someone has stolen your idea, it just means someone had the same idea and got there first. Tough luck! Move on!

So my advice is to stop worrying about trying to copyright and protect your work and spend that energy learning your craft and finely tuning your screenplays instead.

Happy writing!