Don't Let Anyone Steal Your Story
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About this ebook
Literary property theft happens every day.
Written by a writer, for writers, Don't Let Anyone Steal Your Story will help you protect yourself against plagiarists and anyone else who might infringe your right of sole ownership.
What if you wrote a script and later saw an eerily similar plot in a famous movie? Find out why Eric Ryder went to court against James Cameron over Avatar, and how you can avoid a similar battle.
What should you do if you’re writing with a partner? Find out what happened to one deal that went sour.
Do you have to register your work? Use a copyright symbol? What about other countries? Find out the steps you need to take, and hear how the author avoided a messy lawsuit.
Can you copyright an idea?
Are you afraid even to talk to someone about your great idea or work-in-progress? Find out what could happen, and how to protect yourself.
Can you use a character invented by another author?
What about a title?
A plot?
Read about some famous examples of plagiarism that went to court. Don't Let Anyone Steal Your Story will show you how to avoid inadvertently plagiarizing someone else’s work.
What if Hollywood comes calling? Learn how to safeguard your idea, script, or story when a buyer or agent wants to option or purchase your work in order to turn it into a movie or television production.
You may think you have a strong knowledge of copyright, but if you’re a writer in any field, Don't Let Anyone Steal Your Story is a book you can’t afford NOT to have.
Don't Let Anyone Steal Your Story is a stripped-down readable summary of copyright, full of entertaining anecdotes and real-life examples.
Read about the true horror stories that clearly show you what you need to do to avoid the misfortune of having your literary material stolen.
Find out:
* How to take simple inexpensive steps to protect yourself, before, during, and after you write your literary work.
* How copyright law applies to writers of literary works.
* How literary works enter public domain, and how you can use it to your advantage.
* What aspects of literary works are protected by copyright, and what aspects are not protected.
* How to create documentation that will prove your copyright entitlement in the event of an infringement on your rights.
* How you can protect yourself if you are contracted to write for television.
And that’s not all! You’ll also get a FREE sample of an Option and Purchase Agreement, the typical standard contract used in the acquisition of rights in a literary property—a contract that you and your lawyer can customize for your property.
Barry Pearson is a published author, and a writer/producer in the film and television business.
His producer credits include the 2009 movie Iron Road, an international co-production with China, starring Peter O’Toole and Sam Neill.
In addition to his writer credits on eight feature films, he has produced over 300 episodes of series television.
Among his awards are Best Screenplay, Best Picture, at the International Film &Television Festival of New York, and Best Screenplay, Feature Film, at the 12th International Film Festival in Sitges, Spain, and a Special Jury Award, Feature Film, at the San Francisco International Film Festival.
Barry Pearson
Barry Pearson is a writer/producer. His script and producing credits include IRON ROAD, an international co-production with China, starring Peter O’Toole, Sam Neill, Sun Li, and Tony Leung Ka Fai. The series has aired on television around the world, and has been released theatrically. * Other feature films include ISAAC LITTLEFEATHERS, ALIEN WARRIOR, and PLAGUE. * His awards include: Best Screenplay, Best Picture, International Film &Television Festival of New York for THE LIFE AND TIMES OF EDWIN ALONZO BOYD; Best Screenplay, Feature Film, 12th International Film Festival in Sitges, Spain for PLAGUE; Special Jury Award, Feature Film, San Francisco International Film Festival for PLAGUE. * Watch for his upcoming short story thriller BURN THE SHOES, and novel, CITIZEN OF AMERICA, which centers on a wild young man who escapes the constabulary in Ireland and sails to the U.S. in the early 1800's seeking success and prosperity. * Read more at citizenofamerica.net
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Book preview
Don't Let Anyone Steal Your Story - Barry Pearson
Don't Let Anyone Steal Your Story
By
Barry Pearson
Volume 1 in the series Story and Screenplay Savvy
Copyright © 2013 by Barry Pearson
My website: Create Your Screenplay
E-Mail Barry
All rights reserved.
Smashwords Edition
All rights reserved under International and Pan-American Conventions.
No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including storage and retrieval systems, without permission in writing from the author, except by reviewers, who may quote passages in a review. This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.
Cover art by Barry Pearson and Marjorie Lamb
Published by Rosedale Film Ventures
Table of Contents
Some words of caution
Infringement of copyright
The 16th Century precedent
Copyright in manuscript
Registering your work
The Value of the Public Domain
What you can, and can't, protect
The particular way authors have expressed themselves
The Martin Amis/Jacob Epstein episode
The alleged 'Cameron Conspiracy'
Protect yourself, or 'seller beware'
The Gold Copyright Blues
Loose lips sink ships
Making the rounds – and getting stung
Leave a paper trail
A-shopping we will go
You've got an offer!
The O and P
Chain of title
Writing with a partner
Plagiarism pops up everywhere
The TV business – how not to die like a dog
Questions and answers
Summary of how to protect your work
Sample of an Option and Purchase Agreement
Acknowledgments
About the author
Some words of caution
The Author is not a lawyer; therefore, nothing in this book should be construed as legal advice. Readers are urged to consult a lawyer for legal advice. The Author assumes no responsibility for any actions taken by readers, whether or not said readers have consulted a lawyer in doing so.
Infringement of copyright
The act of ripping off
intellectual property settles under a number of names. Infringement of copyright
is one of those terms, and a good one, because in the real world people rarely steal whole works, the way they steal cell phones or iPads.
In the real world people steal
a writer's work, his or her literary property, by using all or part of that work without permission or compensation. And this happens in all types of intellectual and artistic endeavors: literature, movies, live theater, television, music, painting, engraving, and various industries across the globe.
In addition, a writer’s story can be stolen
before and after it is sold.
How after? By a devious, or careless purchase agreement.
Don’t Let Anyone Steal Your Story will help you learn to be knowledgeable and careful as you pick your way through the minefield of negotiation and contracting that faces you.
If your hopes and dreams come true, and a Hollywood producer makes an offer to buy your screenplay, or your freshly minted novel or short story, what do you do then?
You could be particularly vulnerable to theft
of pieces of your potential benefits, like residuals, spinoffs, sequels, and merchandising, so...
You will, of course, retain an entertainment lawyer, before signing anything.
Even if you don’t belong to a guild, clauses from a guild’s Collective Bargaining Agreement can be used in your non-guild contract; therefore, you need to gain an understanding of the guild’s applicable clauses. (That’s called not reinventing the wheel.
)
Even if you have a lawyer, an agent, and membership in a writers’ guild, it will help immensely if you understand the process of a literary property sale. Your knowledge will empower you to give your professional advisors effective direction.
The keystone of a sale of a literary property to movie or television buyers is the Option and Purchase agreement. At the end of the book, there is a boilerplate sample of an
O and P Agreement used in one of the Author’s sales. Feel free to take it to your lawyer for discussion on how to structure your own O and P Agreement.
The 16th Century precedent
How's this for a story synopsis? When a Prince's father dies and his mother remarries almost immediately, he assumes a guise of madness in order to manipulate the affairs of his kingdom, but ends up killing himself and a spy.
Recognize that one?
It was written around the 12th Century. Its title is Vita Amlethi, and its author is Saxo Grammaticus.
So four hundred years later, a scribbler in Elizabethan England flipped the letters of the title around a bit and came out with Hamlet. Shakespeare made a practice of building his masterpieces on existing stories like the works of Seneca and the chronicles of Holinshed and Fabyan. Fortunately for him and his contemporaries, everything was in the public domain.
Or, on second thought, maybe not so fortunately because he and his fellow writers had no protection against theft of
their works.
Copyright in manuscript
I have corresponded with many writers who believed that copyright is acquired when one registers one's work with the Copyright Office in the country in which you reside.
Not true.
A writer establishes copyright the minute he or she writes words down. A writer remains the owner of the copyright to his or her written works, even if the printed manuscripts have been sold and have never been registered anywhere.
185 countries belong to the United Nations World Intellectual Property Organization, or WIPO which co-ordinates copyright issues among its members. Most of the world’s English-speaking countries belong, and have signed treaties, which means that your creative work is protected almost everywhere in the world, whether or not you have registered the work.
Of the larger English speaking countries, only Canada and the U.S. have registries; Australia, India, the United Kingdom, and New Zealand do not.
Here are links to the Copyright offices for these six countries:
Australia, Attorney-General's Department/Intellectual property and copyright (Australia does not have a formal registration system.)
Canadian copyright office (Canada has an official registration system for copyright, available to non-Canadian citizens.)
U.K. Intellectual Property Office (Information about intellectual property. The United Kingdom does not have an official registration system for copyright.)
U.S. copyright office (The U.S. has an official registration system for copyright, available to non-U.S. citizens.)
India has a Governmental copyright registry