Copyright
Copyright
Legal advice on copyright - ownership, duration and infringement.
- How do I Copyright my Script/Idea?
- Copyright Ownership
- Film Schools
- Copyright Duration
- Remedies for Copyright Infringement
- Other Resources
- Related Guides
- Help us improve the Filmmaking Guide
How do I Copyright my Script/Idea?
If you've written a script, or had a great idea, one of the first questions you may ask is “how do I protect this idea or script?” The quick answer is that you can't copyright an idea but you can copyright a script or a film. Intellectual Property is complicated but don't panic or worry too much. You can find out the basics about how to protect your work on the UK Intellectual Property Office (formerly known as the UK Patent Office) website: www.ipo.gov.uk/copy
Copyright occurs automatically when a script is created but proving it was written before another similar work can sometimes be difficult. You can email or post the script back to yourself to show the date it was created or alternatively there are a number of script registration services available.
In addition to copyrighting the script, you can copyright other elements of the film, such as character design, art design and images. To show others, in the most simple way, that you have copyright in a work, you can add a © to the work along with your name and the date. You may also choose to register your copyright with a copyright registration service such as the UK Copyright Service or The Script Factory Script Registration Service. This is not essential, and may not be appropriate in many cases, but it could serve to protect you in the event of a copyright dispute.
Copyright Ownership
The first copyright owners of a UK film are the Producer and the principal Director. However, you should note that there is an exemption for employees. Where a film is created by an employee in the course of his or her employment, the employer is presumed to be the first owner of the copyright.
Filmmaker question:"I have fallen out with the producer of my film. I've had offers to show my film in a festival but I can't get his consent. Do you have any advice?"
Answer: See our Legal Guide: Filmmaker FAQs section
Film Schools
If you're a student and making your film within a film school then you should be aware that some film schools will retain the copyright in the films that you make during your enrolment. In such circumstances you will need to negotiate a licence with the school giving you permission to show it or allow others to do so.
Filmmaker question:"I made a film whilst at film school. It was not part of my course but I did use the school facilities. Does this mean they own the copyright?"
Answer: See our Legal Guide: Filmmaker FAQs section
Copyright Duration
UK copyright in films expire at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons:
- The principal Director;
- The Author of the screenplay;
- The Author of the dialogue;
- The Composer of music specially created for and used in the film.
If there are no persons falling within these categories, then the period is 50 years from the end of the calendar year in which the film was made.
The copyright periods differ depending on the type of work the copyright exists in. Copyright in a broadcast expires 50 years from the end of the year of making the broadcast. Copyright in a novel, or a screenplay will expire 70 years from the end of the year in which the author or writer died. Remember that if you are dealing with foreign works the copyright period may well be different in other territories.
Remedies for Copyright Infringement
Remedies for breach of copyright include damages, an account of the profits gained by the infringing party as a result of the infringement and an injunction (in this context to restrain the release of a film). Criminal proceedings may also be brought.
Filmmaker question:"An advertising company have stolen an idea I used in my short. Can I take legal action? If so, what should I do?"
Answer:See our Legal Guide: Filmmaker FAQs section
Filmmaker question:"Someone has posted a copy of my film on the internet without my permission. Can I get the website to take it down? What legal rights do I have?"
Answer: See our Legal Guide: Filmmaker FAQs section
Other Resources
Film London Artists' Moving Image Network (FLAMIN) has produced a filmmaking guide called 'Making Work' with a section on legal issues. This section includes information on organisations that provide legal services and copyright and clearance issues. Making Work: Legal Issues
On the FourDocs (the broadband channel for short documentary from Channel 4) website, there is a helpful filmmaking section called Make Docs, which includes a legal guide. Although the information is targeted at documentary filmmakers, much of the advice is relevant to all short filmmakers. Four Docs: Make Docs
Related Guides
To check what rights and clearances you'll need to show your film in public, see our Legal Guide: Rights & Clearances Checklist
For information about script copyright, optioning, adaptation etc see our Legal Guide: Writing
For more detailed information about music clearances see our Legal Guide: Music Rights
See also our Related Links: Legal
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