Correction: COPYRIGHTING YOUR SCRIPT

Last weekend I received an anonymous comment about my post, COPYRIGHTING YOUR SCRIPT, which questioned the wisdom of my advice.  First, let me explain my policy on publishing comments.  I truly appreciate comments on this blog, especially those offering criticisms, corrections, suggestions, etc.  However, I will not publish a comment that is disrespectful or overly negative.  I leave that to the rest of the blogosphere.  If you wish for your comment to be published, please be polite.  And please sign your name.

That said, I will address the commenter's concerns regarding copyrighting services v. registration services, and the poor man's copyright.  First, here is my original post on COPYRIGHTING YOUR SCRIPT:

Both the U.S. Copyrighting Office and the WGA provide copyrighting services for a fee. However, in the United States, the creation of an original work confers an automatic copyright. No further registration is necessary.

I don't know any writer (and I know a lot of writers) who has ever witnessed theft. If your idea is worth stealing, Hollywood is going to want to work with you! That said, it's easy to provide your own proof of creation; just mail a copy of the script to yourself. As long as the envelope remains sealed, the postmark proves your date, should litigation arise.

Here are my corrections: 

1. The U.S. Copyright Office and the WGA do not provide copyrighting services but rather, registration services.      
2. In regards to the "poor man's copyright, the practice of sending a copy of your own work to yourself... there is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration."  That said, many writers I know suggest this method to young writers.  That said, according to the U.S. Copyright Office, the method won't aid you in litigation. 

Here is an explanation of copyright from the U.S. Copyright Office's website:

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

If you would like to register your copyright, you may do so here.  Personally, as a writer married to a writer, who has many friends who are writers, I don't know any writers who register their material with the Copyright Office.  Many young writers do register their work with the WGA.  But perhaps more importantly,  when I wrote my first post, I emailed EVERY writer I know to ask their opinion on the issue, and the response I received was "In all the years I've been a working writer (between 10 and 25 years, depending on the writer) I've don't know anyone who has had their work stolen."  I'm not telling you not to register your work.  I'm telling you the writers I know don't think it's necessary.  But if it makes you feel more comfortable, by all means, register.  The WGA registration service is online here, and it's $20 for five years for non-members.

And to "anonymous," who suggested I research my posts before publishing, please know I never write a post I haven't researched.  In Hollywood, there are many, many opinions on how to do things (even when it comes to the law), but I do my best to provide my readers with the most accurate answers I can get, from the best sources.  Yesterday, I received this response from an entertainment lawyer regarding this issue:

Under common law, copyright attaches once the expression of an idea is put into writing.  A writer does not necessarily need to register the work with the copyright office in order to be protected under common law copyright.  However, a writer may wish to register the work with the U.S. copyright office in order to create a “rebuttable presumption” against any potential infringers (i.e., the registration puts the onus on the other party claiming the copyright to prove that they created their material first, rather than the other way around).  A writer may also wish to file with the WGA, which will also simply establish the timing of the work.  Both are fine ways to add protection to one’s intellectual property.

However, if a writer is particularly worried about having their idea stolen, I believe that both the copyright and WGA filings are viewable by the public.  So, oddly enough, filing with either the copyright office or the WGA may actually expose it to more people than not filing.

The choice is left to the writer as to which “risk” he wishes to assume, the risk of having somebody claim they wrote it first and not having these filings to introduce as evidence, or the risk that other individuals may view the work when it’s filed.

*UPDATE*
I received this comment via email from a fellow blogger:

Great posting and very informative.  The guest lecturer I had last year speak to my class on copyright said something very similar.  She further pointed out - never NEVER go into a pitch without something in writing that lays out what you are pitching.  Writers need to know and REMEMBER that (unwritten) ideas cannot be copyrighted or, for that matter, be considered proprietary.