Registering a work with the Copyright Office vs. the WGA

Unlike my previous posts which have had more personal content, this is just a pragmatic, public service post … of interest only to other writers, but if it helps one person, then I’ve done a mitzvah: I was relatively recently at a Dramatists Guild all day seminar on various business aspects of writing. I was rather surprised to hear a question – echoed by a friend of mine sitting next to me – asking which was better, registering a work with the U.S. Registrar of Copyrights or the Writers’ Guild.

I hadn’t realized that the WGA was now registering non-screenplays as well. I like the WGA, and even more, the Writers Guild Foundation. BUT Writers Guild registration is NOT a substitute for registering one’s work with the U.S. Registrar of Copyrights. The latter’s website is fairly easy to use now.

I know this not only from taking Law and the Arts taught by an attorney at Yale, but I’ve had day jobs working for and with lawyers, including intellectual property rights ones, for over 10 years. Finally, I’ve worked for 20th Century Fox Film Corp. in the legal and business affairs departments where dealing with screenwriters’ credits is a common issue – so I have direct and theoretical experience here.

Copyright exists the moment expression (not ideas, but the expression of that idea… likewise titles of a work are not copyrightable) is put into a fixed form, i.e. typically ink on paper. However, to enforce one’s copyright, i.e. bring suit for infringement, one has to have registered that work first with the Copyright Office.

Registering with the WGA is only necessary for screenplays, particularly in terms of determining film credit in WGA arbitrations, and otherwise should only be seen as a supplement to Copyright registration for both screenplays or anything else. It could be useful for instance as supporting what specifically is the date of creation in a more official way than mailing a script to oneself. But if you want to save money, yet do what’s absolutely necessary, just register with the U.S. Copyright Office.

Never submit a work until you’ve done that first.

Also, film companies typically require a clear chain of title, which includes U.S. Copyright Registration.

As far as re-registering after substantial changes have been made, that’s more of a gray zone decision. The
suggestion I’ve heard is to so again upon publication or that first production. There is a section on the form where you can specify that this is a previously registered work, and what changes have occurred since then.

By the way, the Dramatists Guild business affairs person was even more dismissive of a non-screenwriter doing anything other than registering with the Copyright Office, but I thought that was being too black and white myself.

Much Ado, seen

… well in continuation with yesterday’s post, now that I’ve actually
seen “Much Ado About Nothing” at the Santa Monica tennis courts last night – I can say it was the usual mix of good, bad and okay performances but as many of the good included the leads: Bennedick and Beatrice (Bridget Flanery, perf. again on Sunday), the Prince, Antonio and especially the father Leonato (particularly after his daughter is accused of sexual perfidy…quite moving). I don’t have the program with me so unfortunately, I can’t credit all of these actors properly. So, it’s worth seeing just because of them, and of course, it’s pay what you can so the price is right for everybody.

The director’s concept was a grab bag of contemporary anachronisms – the women wear tennis outfits, the men fatigues… at one point Benedick comes out in roller skates… the show stops often for choreographed movements to a soundtrack ranging from techno to classical to big band jazz. There are clever, even inspired aspects to all of this, but it’s also very unevenly executed (both technically and performatively), so there are painful, bizarre pr boring moments alternating with very entertaining ones.

In other words, I liked the energy and the idea of the production more than the totality of the production. Too many of the ideas felt so arbitrary. In fairness, this morning I had a more positive feeling about the production as a whole.

After all, the play itself is far more problematic and not the summer lark that it is often ascribed to be. There are wild variations of tone that don’t jibe with well with our modern sensibility. In a way, the “problem plays” (Measure for Measure, Pericles, etc.) are most easily solved by treating them essentially as dramas not comedies. But what of “Much Ado”? This production just added even more wild tonal swings and arbitrary actions in a shotgun attempt at creating comedy when the play itself isn’t being very funny at all, or perhaps is just being more quietly witty than knockabout farcical.

So, the flaws of that approach actually inspired me to want to try to tackle this play and direct a production… I’ve already come up with staging and scenic ideas… and alternate ways the scenes should have been interpreted. I don’t recoil from the arrogance of the word “should” since some scenes really have one way that they can be played if they are to work within the play as a whole.

That’s not to say there can’t be multiple wiggles within that “one way” but sometimes certain things just have to be accomplished so the final arc for the particular character or even the entire play makes sense.

Much Ado

This is a second test blog… to add some content, I’m seeing “Much Ado About Nothing” in a park in Santa Monica tonight. This is notable, at the moment, solely because Bridget Flanery is playing Beatrice tonight. Bridget is one of my very favorite stage actresses in Los Angeles… a real gift… worth seeing in a very good productions like “The Rainmaker” a couple of years ago at A Noise Within and even in a painful to watch exercise of ego (not her’s, but rather that of the lead actor who was also the director who was also the artistic director) in the worst production of “The Taming of the Shrew” that I have ever seen. Back to the play tonight, I can only hope she is surrounded by actors commensurate with her talent and that all are directed competently. There may be more theatre in LA than most other cities in this country, but the quality is wildly hit or miss.