| If the motion picture is finished, you should register it and the underlying script by sending in Form PA with a cassette of the finished film and an attached synopsis describing the film. If you are still at the script stage, you can register the script now and register the film when complete. In either case, closely follow the instructions on Form PA. The following guide addresses those sections that applicants often find confusing when registering scripts or motion pictures. Remember to complete all applicable sections of the form, not just those discussed below.
Registering a Script
Under #1, Nature Of This Work, you could write “Screenplay for Motion Picture.”
Under #2, “Name of Author”: Note that if a screenplay has been written for you or your company, in other words, if you hired someone to write the screenplay, then it may be a work-made-for-hire. In this case, you or your company is the copyright holder and should be listed under “Name of Author.” On the other hand, if a writer has created the screenplay on his own, and he is then selling it to you, the writer would be the author. If this writer has already registered their script with the Copyright Office, you should not register it again, but merely record the transfer (assignment) of the copyright to you. The copyright should be assigned to you or your company with a written contract, and a short form copyright assignment recorded with the Copyright Office.
Under “Nature of Authorship,” you should give a brief general description of the author’s contribution to the work. If the author wrote the entire script you might write: “Entire Text.” If you are claiming copyright to something less than the entire script, describe your contribution, for example, “Editorial Revisions.”
Registering a Completed Film
Under #1, “Nature Of This Work,” write: “Motion Picture.”
Under #2, “Name of Author”: Usually this will be the name of the production company or entity that hired everybody who made the motion picture. If this is project was entirely a work made for hire, check “Yes” under “Was this contribution to the work a ‘work made for hire’.” Under “Nature of Authorship,” write in “Screenplay and adaptation as motion picture.”
If this motion picture was not at all a work for hire, fill in the name of the person(s) who made the motion picture, and check “No” under “Was this contribution to the work a ‘work made for hire’.” Under “Nature of Authorship,” write in “Screenplay and adaptation as motion picture.”
If this motion picture was partly a work for hire, and partly not, you’ll need to fill in a space for each part. For example, if your production company made the motion picture as a work for hire but bought a completed screenplay from a writer who was its author, then you would fill out two spaces:
In one space, you could fill in the writer’s name as author, check NO under to the question of whether it was a “work made for hire,” and fill in “Screenplay” or “Script” in “Nature of Authorship.”
In another space, you could fill in the production company’s name, check YES indicating it is a “work made for hire,” and fill in “All other cinematographic material” under Nature of Authorship.”
Under section 5, if the motion picture contains a substantial amount of previously registered material, answer “Yes,” to the first question and check the box indicating the reason for this registration. Include the registration number and year of the previously registered material.
Fill out #6a & b only if the work has a significant amount of previously registered, previously published, or public domain material.
Under #6a, “Derivative Work or Compilation,” you could write in “Previously registered screenplay.”
Under #6b, “Material Added to This Work,” write “Motion Picture.”
You are required to deposit a copy of your film within 3 months of publication. If you do not, you may be subject to fines and penalties.
In General
Complete #4, “Copyright Claimants,” even if the Claimant is the same as the Author. The Claimant is ther person or company that has legally acquired the copyright. It will be either the Author or the entity to which the copyright has been transferred. When the Claimant is not the Author, you need to describe under “Transfer” how the copyright was obtained by the Claimant. You could state, for example, “by written assignment.”
Don’t forget to include a copy of your script or film when you send in your registration form.
You need to sign
Form PA and send
it in with a check for $45 payable to “Register of Copyrights.” Retain
a photocopy of everything you send the Copyright Office including
the completed Form PA and your cover letter. It is a good
idea to send your package by certified mail.
If you would like to put your attorney’s name under “Correspondence” so that he/she can answer any questions the Copyright Office may have, you may do so. In this event, you should send your attorney a photocopy of the form and your cover letter so he/she will have a record of what you have submitted.
Mail to:
Library of Congress
Copyright Office
101 Independence Ave., S.E.
Washington, D.C. 20559-6000
Copyright circulars and forms are available from the Forms and Publications Hotline, (202) 707-9100 (leave a recorded message requesting the documents you want mailed to you), or on the Copyright Office website, http://www.copyright.gov. The website also offers extensive copyright information. Circular 45 specifically addresses copyright registration for motion pictures. To speak to an information specialist, call (202) 707-3000.
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