FAQs
Frequently Asked Questions
Jan 17, 2005, 11:09am

How do I copyright my script?
In Australia, once your script takes a material form, copyright in the script exists. There is no formal registration process you need to go through to copyright your script. Once your script does take that material form and becomes copyrighted, it is protected by law, and you have the exclusive right to do with it what you like, such as sell it.

Can I copyright an idea?
No. The law does not protect ideas. Copyright only protects the form in which an idea is expressed, that is your script and the way the idea is expressed in your script, and not the idea itself.

Can I copyright a name?
No. Names and titles cannot be copyrighted as they aren't original and/or substantial enough to warrant copyright protection. Names and titles can however be registered as trademarks through IP Australia. For further information visit their website at http://www.ipaustralia.gov.au

Why should I register my script?
By registering your script you establish the completion date and ownership of your work. It does not confer copyright on your script, but it provides evidence of your claim to authorship of the literary material involved and it's date of completion. Remember that priority of ownership may not necessarily be proved if you script is sent to a reader or producer before it is registered with the Australian Writers' Guild.

Is my copyright recognised overseas?
In most countries, yes. Australia is a signatory to a number of treaties relating to copyright including the Berne Convention and the agreement on Trade Related Aspects of Intellectual Property Rights. As a result your script is afforded copyright protection in other countries that are signatories to the treaties, which includes most countries. Similarly Australia provides protection to copyright holders from these countries too.

If I am sending my script to the USA, do I need to register it over there if it is registered in Australia?
There is no need to register it in the USA if it is registered in Australia, though in some cases it may be helpful. Australian copyright is recognised in the USA, so your script is protected. However if a case arises in the USA over the ownership of the script, it is simpler if the script is registered in the USA. Your script can be registered with the Writers' Guild of America, and their website is http://www.wga.org

I want to send my script to an American agent/producer, where do I buy American-sized paper and brads?
Some stationery stores do sell American-sized paper. Brads are pretty much standard and can be bought at any stationery store. If you cannot find what you are looking for locally try
http://www.writersstore.com. This site also sells screenwriting software and features articles on screenwriting.

How long does my copyright last?
Prior to 1 January 2005 copyright lasted until 50 years from the end of the year in which the creator died, or for some material, until 50 years from the end of the year in which the material was first published. This period has now been extended, in most cases, to 70 years from the end of the year in which the creator died or 70 years from the end of the year in which the material was first published.

I have been offered an agreement that pays less than the AWG recommended minimum. Should I accept it?
The AWG strongly urges members not to accept less than the Guild recommended minimum, because in the long run it will only hurt you. Some script writers who are having trouble finding work, or just starting in the industry will often say to themselves 'I will accept less than the recommended minimum now until things pick up, or I become more established. Then I will insist on the minimum.' The problem with this is that by accepting less than the minimum, you are driving the price down for everybody. Producers will then use your example of accepting less than the minimum to drive the market price down and get others to take less, otherwise they will not offer them the job or buy the script. As a result the price for everybody gets driven down if they want to get a job or sell their script. You may thus find yourself in a position where things have picked up for you, or you have become established, yet you still aren't able to get paid the recommended minimum because you helped drive the market price down!

How do I find a producer for my screenplay?
The Encore Directory published by Reed business Information contains a comprehensive industry listings including production companies, producers and their credits. It is available at libraries and a copy is kept at the AWG's national office.

How do I approach producers and production companies?
A personal referral will most likely get your screenplay read but even if you do not know anyone in the industry you can send a query letter or email seeking permission to send the producer/production company your script. Keep the query letter short, briefly outline who you are and what your project is about.

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