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Page 3 of 3 Chain-of-title documents Delivery requirements to broadcasters, distributors and others who will acquire rights in your production will often include chain-of-title documents, which are proof-of-ownership of the rights necessary to exploit the project in the desired media, from everyone involved in the project from writers to performers. The concept of “rights acquisition” also encompasses obtaining rights from on-screen performers or other creators who contribute to the finished product, such as animators. Written agreements with all of these individuals must expressly include the transfer of all required rights to exploit the project in the desired media. Protecting IdeasCopyright law rests on a fundamental rule: “ideas” cannot be copyrighted, only the “expression” of an idea can. This means that while the idea of a film about an Italian-American family involved in criminal activities cannot be copyrighted, the screenplay (and the film) for the movie The Godfather can be copyrighted. To protect your idea, you need to write down or draw it in as complete a form as possible, as soon as possible. Abstract concepts such as ideas for formats for reality TV shows and ideas for characters for animated productions should be “fleshed out” as much as possible.Copyright protection can arise as soon as your pen hits the paper (or your fingers hit the keyboard). You don’t need to file or register. However, financiers and distributors will often want proof of copyright registration, so it is in your best interest to file as soon as possible. If a copyright dispute arises, registration offers certain procedural advantages in court, since a person who has registered will have proof that he or she has attempted to protect the ideas. Copyrighting an original work Both Canada and the United States offer copyright registries where you can apply for registration of a copyrightable work. For details, see the Canadian Intellectual Property Office website at http://strategis.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html and the United States Copyright Office of the Library of Congress website at http://www.copyright.gov The fee for a Canadian filing is $60, and $30 (USD) in the States. The term of copyright varies in each country. In Canada, copyright lasts for the life of the “author” plus 50 years. There is no definition of what “author” means in the context of a produced film, although many legal commentators believe it is the director of the production. In the U.S., the term of protection is the lesser of: 95 years from publication (i.e. exploitation) or 120 years from creation. Many distributors and financiers will require that you file the final script (and, later the finished copy of the production) in the U.S. Copyright Office as evidence of your rights.  |
