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 Q:
As a college student if I write a stageplay/screenplay and submit it for
a final grade, does the paper and any other writing that I submit for the
class, now become the property of the University? How long do I have to retrieve
the work from the instructor? On the front cover should I write copyrighted?—Bob
B.
A: Generally speaking, any original work that is entitled to copyright protection,
that an author creates remains owned and copyrighted by such author until
such rights are licensed or sold. Unless a university or college professor
requires a student sign a copyright assignment agreement, any college papers
submitted by such student will not become the property of either the student's
professor or university. In addition, there is no requirement that author
possess or re-obtain papers submitted to a professor or university to preserve
their copyright status. Providing copyrighted works for others to review
/ grade does not effect the copyright in the underlying work unless such
parties agree otherwise. In addition, any copies of the original work are
entitled to equal copyright protection by their owner or creator. Under United
States copyright law, any original work, that is entitled to copyright protection,
created after 1989 is considered copyrighted by the work's creator or owner
whether or not a copyright notice appears. However, it is still a good practice
to provide a copyright notice on such works to notify third parties that
owner or creator of such work intends to protect their ownership rights.
Q: I read an article in Rolling Stone magazine about a year ago, and I wanted
to do a script "loosely" based on this guy I read about. I had
read somewhere, or heard, that public life stories are up for grabs (like
Madonna or Clinton, etc.), but that personal stories (my next door neighbor)
are not. My confusion about this; is that it's this guy's personal story,
but it's in a public magazine article (well this part of his life), and he's
not really becoming a public figure, just by being in this public article,
but it was publicized. It's not like I would write the story detail for detail
about his life, I don't even have enough information on him to do that, but
there were about three things brought up about this person in the article;
about his education; his participation in an illegal activity; and the outcome
of being arrested as a result of that illegal activity, that would be in
the story. So, is it true that public is "fair game" and private
is not? What distinguishes the two? If I wrote a script about "a guy" who
had the same education, committed the same crime, and similar results were
experienced by "my guy", would there be a legal issue if I sold
the script (and it got produced)?—Thad H.
A: Based on the information you provided it might be a good idea to contact
the individual mentioned in the article and ask him for permission as
well as a written release prior to writing a story about him. Whether a
person is a "public figure" or not, most people would appreciate being
asked for their permission prior to reading an article / story / screenplay
about their life story. This may also assist the author in obtaining original
and unpublished facts about the individual's life. If a story is completely
based on material that is already published a writer runs the risk of being
sued by a publisher (i.e. Rolling Stone) for copyright infringement. The
individual may also decide to sue the writer for libel in the event any published
information is inaccurate or untrue. Utilizing a fictious name or changing
some of the details or facts of a person's life may not insulate an author
from liability. If a reasonable person could determine that a "fictious
story" is in reality based upon a real person an author may be exposed
to substantial liability. Because of the real exposure to substantial
liability most publishers will require an author provide permissions
/ releases for all parties mentioned in the story prior to acceptance.
Q: I just finished my first spec script. How do I get it copyrighted?—Hilary
S.
A: As discussed in the response to BO. B, for original works, that are
entitled to copyright protection, are immediately copyrighted upon the
creation of such works. No formalities are required. It is generally a
good idea for an author to include a copyright notice to alert third parties
to the identity of the copyright owner as well as to provide notice that
such owner intends to protect his or her ownership rights. However, an
author has the option of registering his or her copyrighted work with the
US Copyright Office. Some of the benefits of registering a work with the
US Copyright Office include receiving a certificate of copyright ownership
that contains proof a work was created on a particular date as well as
receiving the legal right for the registered copyright owner to obtain
statutory damages in the event such work is infringed by third parties.
More information about registering copyrights with the US Copyright Office
can be obtained at <http://www.loc.gov/copyright/>.
Mark Litwak is a veteran entertainment attorney and Producer’s Rep
based in Beverly Hills, California. He is the author of six books including:
Reel Power: The Struggle for Influence and Success in the New Hollywood,
Dealmaking in the Film and Television Industry, Contracts for the Film and
Television Industry, and the recently published Risky Business: Financing
and Distributing Independent Film. He is the author of the CD-ROM program
Movie Magic Contracts, and the creator of the Entertainment Law Resources
website at www.marklitwak.com. He can be reached at law@marklitwak.com.
Disclaimer-Any
material sent to or provided by Mark Litwak is for illustrative and educational
purposes only and should not be relied upon as legal advice, or be considered
confidential or the basis of an attorney client relationship. This
material may not be suitable for your particular situation and different
legal advice may be appropriate depending on your jurisdiction or circumstances.
Therefore, you should not rely on this material, or any part of it, without
the advice of competent legal counsel.
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