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Q: Copyright law ( Answered,   4 Comments )
Question  
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.
Answer  
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
Comments  
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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