Foreign Writers and Copyright Registration: A Comprehensive Guide

When it comes to protecting your script or screenplay as a foreign writer, the choices available can be vast. This guide aims to provide clarity and actionable advice, focusing on the traditional method of registering with the Writers Guild of America (WGA) versus other available options, the utility of U.S. Copyright Office registration for foreign works, and how to strategically decide where to register your work based on your intended market.

Do I Still Register Script Ownership with the WGA if I Am Not in America?

For foreign scriptwriters, the question of whether to register with the Writers Guild of America (WGA) often arises. While the WGA is a powerful organization for writers based in the United States, the actual registration and protection of your work may not be as critical if you are outside of America.

One alternative method involves sending yourself the protected document via a stamped, self-addressed, registered, and insured envelope. This process is described in detail below. Specifically, you would send the document to yourself, ensuring it is dated, sealed, and signed for upon delivery. From there, you would secure it and wait for any challenges to its ownership. If and when a challenge arises, you would hand over the evidence (still sealed) to your attorney, who can then use it as proof of your date of possession.

According to legal expert advice, if the claimant cannot produce a document with an earlier proof of possession, the claimant will lose. However, it is imperative to talk to an attorney who can offer practical legal guidance based on your specific circumstances.

Is WGA Registration a Waste of Money for Foreign Writers?

Certainly, one might wonder if the cost and effort of WGA registration are justified when you are based outside of the United States. The answer often lies in the protection and benefits that the U.S. Copyright Office brings.

Foreign writers can indeed register their works with the U.S. Copyright Office, and it is a recognized legal procedure for copyright protection. Here are some key points to consider:

U.S. Copyright Office Information: The U.S. Copyright Office is responsible for registering works that are protected by U.S. copyright law. Any work, regardless of the author's nationality, can be registered in the United States. Protection for Foreign Works: If your work is first published in the United States, or if it is published in a country with which the United States has a copyright treaty, your work is protected and can therefore be registered with the U.S. Copyright Office. Benefit of Registration: Registration with the U.S. Copyright Office offers several advantages, including the establishment of a public record of the work, as well as the right to sue for infringement in federal court.

To register, you will need to submit your work to the U.S. Copyright Office, which will issue a certificate of registration. This process can be more streamlined and efficient compared to the WGA registration process.

Where Are You Planning on Selling Your Script?

Finally, the decision on where to register your work can be significantly influenced by your intended market. For instance, if you are primarily focused on selling your script in Hollywood, you may want to consider registering your work with the WGA or the U.S. Copyright Office.

However, for other markets, such as independent distribution channels or film festivals, you might not need to register with the WGA. Instead, registering with the U.S. Copyright Office can provide sufficient protection and a recognized record of your ownership.

Always consult with a legal professional who understands the intricacies of international copyright laws to make an informed decision based on your specific circumstances. The good news is that there are viable alternatives to the traditional WGA registration, and the U.S. Copyright Office can offer a robust and internationally recognized system for protecting your work.