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Subject:
Copyright law
Category: Arts and Entertainment > Television Asked by: withimpact-ga List Price: $65.00 |
Posted:
22 Mar 2005 12:17 PST
Expires: 21 Apr 2005 13:17 PDT Question ID: 498724 |
Ideas cannot be copyright protected. What legal language can I use in order to register by copyright a concept for a reality-based TV show? I wish to gain from copyright protection. Can a "written proposal" for the creation of a television show be protected by copyright? I also have registered a synopsis with the Writers Guild of America. |
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Subject:
Re: Copyright law
Answered By: easterangel-ga on 22 Mar 2005 13:25 PST |
Hi! Thanks for the question. Please take note of the important disclaimer below that the answers at Google Answers is general information only and is not a substitute for informed professional legal advice, Yes you can copyright your proposals and the synopsis since these are tangible written works. The website of the US Copyright Office says the following: ?Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device.? ?WHAT WORKS ARE PROTECTED?? http://www.copyright.gov/circs/circ1.html#wwp In fact, the website of the US Copyright Office archives records of copyrighted materials like proposals, summaries or synopses. You can search for record details by using the search facility of the website. The website does not have a direct link for the results. But you can still get the records very easily. Just follow theses steps: 1. Go to this link: http://www.copyright.gov/records/cohm.html 2. Choose Search by ?Title? 3. Type ?Proposal to? or ?Synopsis of? or ?Summary of? (Without the quotes) or just the words ?Proposal? or ?Synopsis? or ?Summary?. 4. Then check on a box on the category you want to check, Then Choose from ?Brief Summary (Display)? or ?Full Records (Display)? 5, You can now get the copyright record. Please remember that once a work has been created, just like your proposal and synopsis, copyright exists. But if you want to bring a lawsuit then you must have it registered. Please read the next link below. ?In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration.? ?COPYRIGHT REGISTRATION? http://www.copyright.gov/circs/circ1.html#cr Search strategy: Searched at the website of the US Copyright Office I hope these links would help you in your research. Before rating this answer, please ask for a clarification if you have a question or if you would need further information. Thanks for visiting us. Regards, Easterangel-ga Google Answers Researcher |
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Subject:
Re: Copyright law
From: willcodeforfood-ga on 22 Mar 2005 13:51 PST |
Seems like a threadbare answer for $65, especially since there is some good industry-specific material available on the web regarding protection of ideas. ============================================ Here's an article titled "Can television programme formats be protected?" [ http://www.macfarlanes.com/pubs/feature.cfm?featuredid=239 ] "...the best way for a production company to try to protect its format is to think long and hard about the distinctive elements making up the format, such as catchphrases, scenery layout and music" ============================================ Another resource for researching the protection of ideas for TV shows: [ http://www.tvwritersvault.com/realitytv/protectingconcepts.asp ] "The detailed development and writing of an idea is the most important factor in establishing "originality" and protection under copyright law. The key to developing a great idea for a TV show is to create a unique approach and content for your show. The concept may tell us the overall situation and result, but the content shows us what happens during the show." ============================================ Search strategy: reality tv copyright protection |
Subject:
Re: Copyright law
From: ipfan-ga on 22 Mar 2005 15:15 PST |
Isn't what you're really asking is how can you prevent someone from ripping off your idea for a reality TV program? If that's the case, then let me elaborate on the other two posts. Yes, you can register your copyright in a written synopsis of the idea. You will then have a registered copyright in that thing, the written summary. Copyright law gives certain exclusive rights to the owner of a copyright; namely, the rights to reproduce, create derivative works from, distribute through sale, lease or lending, publicly perform and publicly display THE WORK. In your case, THE WORK is that little written synopsis you lodged with the Copyright Office. So sure, you can register the copyright in THAT WORK, but what does that get you? No one can copy, publicly perform, etc., THAT WORK, meaning literally your little synopsis. What does that get you? Virtually nothing--who is going to literally copy your little synopsis, i.e., photocopy it? The better way to skin this cat -- and willcodeforfood alludes to this -- is to create a very detailed, specific statement of all elements of the reality TV show and register the copyright in this written detailed exegesis of the show. You see, remember that one of your exclusive rights is the right to create derivative works, and because here THE WORK is your written synopsis, by definition a TV show based on your written piece of paper is a derivative work. Thus, this can be used to stop others, but only if your written work is sufficiently detailed to permit a court to find infringement because the infringing TV show derivative work is substantially similar to your synopsis. Think of it this way: imagine you have an idea for a reality TV show where a bunch of shipbuilders meet in Hawaii and build luxury yachts, and you write the following on a piece of paper: "My Idea, by WithImpact-ga. My idea for a reality TV show is to have people on an island try to build a boat. The End." You can certainly register the copyright in the expression of ideas embodied on that piece of paper, but that will not stop me from reading your copyrighted work and immediately going out and producing a reality TV show where a bunch of shipbuilders meet in Hawaii and build luxury yachts. See, your copyrighted work is too vague to permit a court to find copyright infringement. BTW, your registration with the Writer?s Guild only acts as evidence of the creation date of the work?it means nothing in terms of suing for infringement. What matters is the actual deposit copy of the work you submit to the Copyright Office. Make it as detailed as you possibly can, and that will give you better grounds to stand on if someone creates an unauthorized derivative work. |
Subject:
Re: Copyright law
From: easterangel-ga on 22 Mar 2005 15:24 PST |
Hi willcodeforfood-ga! Thank you very much for your very insightful comments and the links you cited. They were very helpful and informative. However; in answering the question, I took note of what documents withimpact-ga already has. Such documents are enough, based on the information provided by the website of the US Copyright Office to merit an approval of copyright on general circumstances. Again as proof, a search for similar documents in the same website provided positive results. This answer was made this way so as to clear the clutter of the information out there and zero in on the needs of this question. Now does this mean that when withimpact-ga submits the documents everything is guaranteed and will be cleared and the copyright office will surely approve the submitted documents? Or when a legal argument arises that withimpact-ga documents will surely stand in court? Of course not. This is the reason why before proceeding with the answer, I repeated the disclaimer found below in this page so as to avoid any misunderstanding. With this disclaimer, withimpact-ga is encouraged to seek professional legal advice before taking any concrete action while being armed with the information posted in this answer plus the comments you supplied as well. Again thank you willcodeforfood-ga for your comments since these links will surely be valuable to withimpact-ga's research as well. |
Subject:
Re: Copyright law
From: easterangel-ga on 22 Mar 2005 15:26 PST |
Thanks to ipfan-ga as well for his comments! I think he posted his views while I was typing my comments so I was not able to see it immediately. |
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