Even if it is relatively rare, script theft does exist, hence the importance of protecting one's work. In case of dispute on this subject, contact a lawyer specialized in intellectual property law. An update on the steps to be taken.
Script theft: controversy around the film Avatar
Notice to the writers! It is important to protect your texts before presenting them to a director. Indeed, they pass through many hands before appearing on the screen, and the risk of plagiarism, although extremely rare, is not to be ruled out. For example, 4 complaints were filed against the great director James Cameron for stealing a script concerning Avatar. It seems that the biggest success in the history of cinema, with $ 2.8 billion in box office revenue, would actually be a pale copy of some scripts.
Robert Dean, a renowned artist and designer with futuristic drawings of a new kind, believes that the Oscar-winning director studied and used 14 of his paintings to prepare his film. He reportedly sought more than $50 million in damages plus an injunction against the Avatar sequels, for each scene that included drawings similar to his own. However, the court has ruled in favor of the director, and this is not the first time. Another complaint against James Cameron was dismissed, that of the author of K.A.Z. 2068, Eric Ryder.
Attention:
Protecting a scenario does not mean protecting an idea, but protecting yourself in the event that it comes to fruition through a film, a recording or a writing.
The interest of protecting your scenario
Even if your script has been stolen, you are sure to lose the case if you do not anticipate by adopting the necessary measures. Protecting a short film script consists in proving its anteriority, i.e. its existence on a specific date. It is therefore not a question of proving plagiarism, but of proving that the project already existed before and has been exploited. It must also be demonstrated that the person who used it had it in his hands, and that his work has at least 20 similarities with your scenario. You can build proof of the anteriority of your property quite easily.
Some choose, for example, the famous method of the registered letter, which consists of sending the scenario to self-mail in a sealed envelope, to keep in a safe place and to open only in case of great necessity. But beware, this method has no legal value. To be admissible in court, it is recommended to constitute a notarial deed, which involves notary fees, not to mention the stamps to stick on each page of your writings. All in all, this approach can be expensive, but it is proven evidence in the eyes of the court.
Submit your scenario to the SACD
In the digital age, it's time for dematerialization. So you can forget the paper and file your script online. The SACD, or Society of Dramatic Authors and Composers, is an official protection body. On e-dpo.com, you just have to submit your scenario in a few clicks by opening an account and filling out a small form. Complete the process by uploading your masterpiece in a digital format. In addition, no more excuse for the cost, because the single deposit is 15 euros, for 5 years of protection. For a subscription for a period of 3 years, count 35 euros. You can also opt for 5 years of protection on 3 deposited works. Once the deadline has elapsed, you can renew your protection for only 10 euros. The operation takes place in 5 steps listed below:
- Filling out the form;
- Deposit of the file;
- Selection of the offer;
- Online payment;
- Recovery of the certificate of deposit on the mailbox.
However, if you have a preference for physical deposit, you can always submit your scenario by correspondenceor go directly to the Authors Pole of the SACD.
Good to know:
The filing of screenplay is an isolated procedure that aims only to protect a work at the SACD level. To become a member or declare your work to the SACD, inquire on the company's website.
Other alternatives?
The SACD is not the only body authorized for the protection of your works. The INPI also protects original literary, plastic, graphic and photographic works. The Institute considers that any work of the mind can be protected by copyright. Another example, the SGDL, or Société des gens de lettres, is an association that accepts the deposit of any type of work. To protect your scenario, you can also contact the Benelux Office for Intellectual Property. Better yet, SABAM, which is a Belgian authors' society, allows you to make a first deposit of work online at 0 fees.
All start from the same principle with a common approach: fill out a form, download the file and then receive a certificate of deposit at the end. No matter what country you are in, they can provide you with better protection from scenario looting. In fact, the majority of countries that are signatories to the Berne Convention for the Protection of Literary and Artistic Works allow you to maintain control over your works.
Good to know: To know the procedures relating to the registration of trademark with the INPI, inquire on the website of the www.inpi.fr institute.
As you will have understood, your scenario is protected as soon as you file it with a protection organization. But you should know that its role is limited to constituting and preserving proof of the anteriority of your work from the date of deposit. It must therefore be remembered that the deposit does not allow to check the plagiarism. It only certifies that you are the author of the original work. Therefore, redoubling caution is required, like Quentin Tarantino with his scenario The Hateful Eight. Having carefully kept track of the people who took a look at his script, he was able to easily identify the one who put it online without his consent.
