Monthly Archives: January 2010

Q:  I have a letter from the Copyright office that a book, written in 1880, was in public domain.  I wrote an adaptation of that book into a screenplay.  I then found that someone had taken the authors works (28 books) and trademarked them on the Internet.  I talked to an attorney who said that I would probably win in court, but if they fought it, I would have to defend it.

What is your take?  Can I move forward, stating that it is “based on the..book” or just write a new  original script, using the same concept?

A:  This is one of those questions that really requires a lawyer to have all of the specifics, and to conduct a bit of research before giving a definitive answer.

Generally, if the book is indeed in the public domain, you're free to proceed with your adaptation.  But, the fact that the title of that book has been registered as a trademark MIGHT interfere with your use of that title as the title for the film, but since trademark protection extends only to the specific category(ies) of the goods or services for which they're registered, it's possible that the registration doesn't even extend to a film project by the title in question.

I'd advise consulting a lawyer who can run a quick search of trademark office records to clarify what's protected.

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for readers’ detrimental reliance upon the information appearing in this feature.

For a limited time, readers of this column can subscribe to my FREE e-course “6 ways to Finance A Feature Film” by visiting https://firemark.com/minicourse

Q:  As most writer's work is filed with either the WGA or copyrighted through the USPTO, how does one protect their work from an overseas company asking to see your screenplay? As the United States' market seems to be tightening, it seems like producers and prodcos from other countries are much more receptive and open to looking at my work.

A:  Actually, filing with the WGA affords minimal protection against infringement.  It's more useful in establishing a writer's rights in a credit arbitration, etc.  Copyright registration is handled by the U.S. Copyright Office, which is part of the Library of Congress (The USPTO is the Patent and Trademark Office, and does not handle copyrights).

The good news for American writers is that the U.S. is signatory to the international copyright treaty, called the Berne Convention For The Protection of Literary and Artistic Works.  Under the Berne Convention, all signatory nations must honor the copyrights of citizens of other signatory nations.  So, in most cases, submissions to foreign production companies present no greater risk than to U.S. companies.  The problem is that it may be harder and more expensive to pursue copyright infringement in foreign courts.  Also, there ARE some countries that haven't signed on to the Berne Convention,  so copyrights may not get the respect they deserve in those countries.  For a list of countries that ARE signatory, see  http://en.wikipedia.org/wiki/List_of_parties_to_international_copyright_agreements. If the company you're dealing with is from a country that's not on this list, think twice before sending them your material.

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for readers’ detrimental reliance upon the information appearing in this feature.

For a limited time, readers of this column can subscribe to my FREE e-course “6 ways to Finance A Feature Film” by visiting https://firemark.com/minicourse