WGA Title Registration versus Copyright

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Question:

Is there any practical benefit to having a script registered with the WGA in addition to a copyright filing?

Answer by Brandon Blake, Entertainment Lawyer:

This is a great question that I often get asked by screenwriters and producers. First I should briefly explain that basically the Writers Guild of America (WGA) offers a script Registry that is often confused with copyright registration with the Library of Congress. The WGA service is a private service offered by the Guild, which is useful for professional writers who are Guild members.

Registration with the WGA is not required for non-Guild members, although it can provide some additional evidence about when the script was completed and can provide another place that will store a copy of the script for safekeeping.

There are three problems that I have seen arise from filing with the WGA, which deal with chain-of-title, expiration of the WGA registration, and the failure to simultaneously file with the Copyright Office.

First, I have seen a fair number of writers and producers file their WGA registrations under different names and different owners than the copyright registration. This can happen innocently, especially when writers later form production companies and then file the copyright under a company name. It can also happen during disputes between writers, when one or the other writer excludes the name of the writing partner on the WGA registration. Because the WGA registration is not a legal filing some writers seem more likely to take liberties with the names of the writers on the script, which can cause confusion later.

Second, some writers do not realize that the WGA registration will expire in just five years, meaning that if the writer fails to re-register, the evidence of the time of creation of the script will be lost. The WGA registration is slightly cheaper than copyright registration up front, but writers do not take into account the cost of re-registering.

Third, the Copyright Act states that neither statutory damages nor attorney’s fees can be awarded in the case of copyright infringement that occurs before the work is registered for copyright with the Library of Congress. Statutory damages can be up to $150,000 per work, even without evidence of real damages. Because it is typically so difficult to prove damages in a copyright infringement case and because the cost of litigation is high, failure to file with the copyright office can make successful litigation for infringement impossible. The WGA registration does not provide any benefit here.

So WGA registration can be good additional evidence, but it is not a replacement for copyright registration and it can cause some problems unless it is done with the same care as would be used with a copyright filing.

As with any legal matter, please do not make a decision about complex matters without consulting an experienced entertainment attorney first. I have been representing feature film projects and television series for more than 14 years. Please feel free to contact my office about a quote.

- By Brandon Blake, Entertainment Lawyer

About the Editor:

Brandon A. Blake is an entertainment lawyer and producer who works with Academy Award winning actors, directors and filmmakers. A complete biography is available online.

About the Entertainment Lawyer Q&A: The Entertainment Lawyer Q&A does not create an attorney-client relationship, nor is the information treated as confidential. Responses to selected questions will be made public and shared with our subscribers. All entertainment law information is informational in nature and is not intended to be acted on without entertainment lawyer counsel.