Legal Q & A for July 2004

Question: I have enrolled in a number of online screenwriting courses, is there anyway to protect an unfinished screenplay that I might need to use in an online classroom setting? Any help would be greatly appreciated!  —Connie H.

Legal scalesANSWER: Under copyright law, you can only protect materials put in a fixed tangible medium of expression. So to the extent that parts of your script are ideas in your head and not expressed in a tangible form such as ink on paper, or saved to a computer disk, they can't be protected. You can protect ideas by contract, and you could require all those who participate in your online classroom to sign an agreement obliging them not to disclose your ideas and suggestions to others, and not to exploit such material without your prior consent.

I would register or copyright the script or a treatment using copyright form PA, even if the work is not finished, so at least you are protected to the extent of what has been rendered into tangible form.

[Mark Litwak is a veteran entertainment attorney and Producer ís 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 Tele-vision Industry, Contracts for the Film and Television Industry, and the recently published Risky Business, Financing and Distributing Independent Film. He’s the author of the CD-Rom program Movie Magic Con-tracts, and the creator of the Entertainment Law  Resources  website  where  he  can  be reached: www.marklitwak.com ]

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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