Question for FilmTVLaw.com:
I’m a young writer with a TV pilot script I believe has great potential finished and ready to shop. However, I’ve had some more experienced writers already in the industry warn me to protect my script before I do so. However, no one’s advice seems consistent. What is the best way for me to look after my rights while still getting this script to the eyes of the people needed to take it to the next level?
Answer by Brandon Blake, Entertainment Lawyer:
Thank you for a very solid question! As an entertainment attorney with several decades experience, this delicate balance between protecting the rights of my client’s work and helping them get their projects to life on the right network or production company is a key concern I keep in mind. If you’re curious about other matters we handle regularly, you can always dive into the other entertainment law industry articles we have here at www.filmtvlaw.com/entertainment-lawyer-qa
But back to your question. What steps can writers take to protect themselves while shopping scripts, especially for TV series? Of equal value, what isn’t recommended before pitching?
This is a question that’s even seen some recent press time, as we’ve seen the WGA win several landmark arbitrations around writers and scripts of late. While the ‘self-dealing’ residual issue recently raised with Netflix is more a matter for writers with scripts actively in production and how they are paid for it, you may want to familiarize yourself with their win on what classifies as ‘active development’. This enacts further protections for writers who successfully pitch and sell a script, but see the project languish without pro-active attempts to finish it. It also gives you, the writer, greater powers to ‘recover’ that dead script and sell it somewhere where it can come to life.
But let’s look at the protections you need to get it there, first.
Can You DIY?
Unlike many entertainment legal issues, there are some things you can do to help yourself here. Filing copyrights at the US Copyright Office (eco.copyright.gov/eService) has become surprisingly streamlined of late. There’s no reason not to do this, whether you plan ahead before you start shopping or do it now on a project you’re already shopping. They have fairly solid guidance, and it’s pretty easy to do.
It’s an easier process than Trademark Applications, but they have also gotten fairly fussy about ‘Works Made for Hire’, so if you prefer, you can use a legal service like ours to help you choose the right options for your work.
The WGA
If you are already a WGA member, WGA registration of your script will be mandatory. While it’s been seen as the default protection for scripts even if you aren’t a member, however, it can be a false sense of security. Why? Because there’s no statutory protection, and there’s a fast expiry (5 years). Few remember to renew the registration, and sit with unprotected scripts.
NDAs (Non-Disclosure Agreements)
No doubt NDAs have been among your peer’s recommendations. Some producers and writers believe that NDAs need to be signed by anyone reading the script.
And yes, they are a powerful level of protection, as you end up with a signed contract detailing your expectations- everything from the idea to the title, which cannot be protected by copyright law. However, most major production companies, networks, and studios simply won’t sign one before looking at an outside script. Many will flip the idea on you, and require a submission release that limits your rights to sue in the event of plagiarism/infringement for the idea.
Sadly, there’s little an individual can do about this. For every firm that will sign, five more will not. For TV pitching especially, this can damage your odds. This is one of the key reasons for using legal protection on your side-an entertainment law firm like ours- instead of DIY pitching.
Trademarks
Trademarks can be of use for aspects of your IP in a TV series. For example, if the title is of particular importance, or you’ve created unique logos, characters, or designs that qualify for protection. Animated projects might consider this for character protection, and reality series might consider this step in some events since less of the overall pitch materials can be copyrighted.
Why Entertainment Law Firm Representation Gives You the Edge
Blake & Wang P.A have never had a client’s feature or series project plagiarized or even infringed. One of the best things you can do to protect your IP rights to a TV series script is use proper, informed legal representation to help through the pitch process.
Consider the power you will have in using a third-party in your submission- one keeping detailed notes about what has been submitted and to whom. Now consider that they are a law firm, with full ability to enforce their client’s rights in front of a court- how likely is it someone will take the chance on infringement?
Additionally, unlike the non-disclosure, major production companies, studios, and networks like it when clients come to them covered by respected entertainment law firms. Having a respected legal practice at the table gives both parties greater confidence that they are dealing with mature, trustworthy and serious parties who are above-board and dealing in good faith. It’s a win for everyone.
Should you need representation in television pitches, or copyright and trademark law, feel free to reach out to our firm about your needs. Remember, we can only provide these articles as a general source of information, they do not represent tax, accounting, or legal advice. You will need experienced entertainment legal counsel before making legal and financial decisions.
- By Brandon Blake, Entertainment Lawyer