[NEohioPAL]note to screenwriters

Brandi L. phoenix9 at cox.net
Sun Dec 5 15:00:51 PST 2004


One of my students is an attorney and says sending it to yourself does
protect the work, at least to some degree it does.  Since not everyone can
pay the filing fee to protect every work in progress mailing works to
oneself has been a standard actually.  ??

However all things you mentioned also work and are very useful to know!  If
you'd like I can get some more detailed information from my student that is
an entertainment lawyer and used to be a criminal defense attorney to
satisfy the issues you have raised to all based off an email I sent out.
Let me know.

Thanks,

Brandi Lynn Borgia
----- Original Message -----
From: "Christopher" <kaimei at earthlink.net>
To: "Fred Sternfeld" <neohiopal at lists.fredsternfeld.com>
Sent: Sunday, December 05, 2004 3:49 PM
Subject: [NEohioPAL]note to screenwriters


> Greetings,
>
> It has been great to see brewing interest in screenwriting in the NE
> Ohio area.  A word of caution about protecting your work however:
> sending yourself a copy of your screenplay will NOT protect you in the
> event of an infringement.  It is very easy to cheat the system, and a
> person who wants to steal your ideas is hoping that is the only way
> you've protected yourself.  Here's why:
>
> If you are in the business of stealing intellectual property, all you
> would have to do is send yourself an unsealed envelope with postage
> appropriate for a 120 page screenplay (or for really cheap people,
> postage for a CD ROM).  Then, when you decide to hawk someone else's
> hard work, all you have to do is put hard copy in the postmarked
> unsealed envelope and seal it, then cry foul.  Even if you are the
> plaintiff in an infringement case, an experienced defendant will
> introduce the possibility that you performed the above detailed fraud to
> weigh the preponderance of evidence in their favor.  Remember, copyright
> infringement is a civil matter, not a criminal matter, the standard of
> evidence is not defined as beyond a reasonable doubt, but rather simply
> after weighing the preponderance of evidence.  The burden of proof is on
> you, the one infringed against to prove the other person stole your
> ideas from you.
>
> Sending yourself a copy of your work will not protect you.
>
> Better:  Take a copy of your work to a third party computer like kinko's
> and burn it to CD.  The creation date on the CD will stand a better
> chance of withholding scrutiny, since the creation date of your own
> computer can be easily manipulated.
>
> Better still:  Send your work to the copyright office.  Don't have a
> full screenplay, but want to protect your idea?  Send a treatment (a 4-5
> page summary of your entire screenplay) for copyright.  Granted, it
> takes a long time to get a certificate of copyright in your hands, but
> copyright is recognized the day the copyright office receives your work
> in the mail, provided you followed their instructions (filled out the
> form correctly and sent them the money.)  The short form is only one
> page, and it costs $30.  It's a small price to pay to avoid the
> disappointment of watching someone else make money off of your work...
> like I have.
>
> I will send a .pdf of the short form via email to anyone who requests
> one.  It can be found in the U.S. office of copyrights website after a
> tiny amount of digging, but I keep a copy to print out, because they get
> copious celebrity stalker amounts of mail submissions from me.
>
> got your back,
> Christopher K. Young
> www.shallowfocus.com
>
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