Copyright in Canada vs USA

Canadian writer here. Hi! I'm registered in Canada and I've had the same question. Many internet articles can be misleading since copyright and copyright registration are two different things, which does add to confusion. I did a lot of research and talked to various legal experts, and so I pass on my knowledge to you. As a writer, not a lawyer. Always get a second opinion.

To get this out of the way, defining terms. If you already know, skip this part. Copyright in ordinary terms simply means property. Copyright registration is a way of proving you own that property.

So, copyright registration is internationally recognized. There's only a few countries in the world that doesn't recognize copyright registration in other countries, sometimes. What's registered in Canada is recognized in the US. However, the issue is that for the American film industry SAG and/or American Copyright Office are the only ones that are recognized. Copyright registration isn't only about protecting you, is also about protecting everyone else. You can always ask before sending anything. Mandatory to register a copyright with American companies if you're a Canadian citizen? No, but it might become necessary depending on your goals.

For myself, for now, being registered in Canada is enough for my goals, which will probably change in the future.

Long story short, just go for the Library of Congress (LoC). The benefits compared to the cost make it the best deal and it runs deeper than simply protecting your IP. If you sell a script to any half decent producer, they should be completing their chain of title as a requirement of any associated unions and targeted distributors. LoC has such a high standing that a claim number and certificate will easily be enough to satisfy paperwork. If the writer cannot prove they have a valid copyright claim, then there's the chance of a production getting shutdown and a film being impossible to sell.

CJ, correct if I'm mistaken, but does LoC require a hard copy?

Nope. You can upload a pdf.

Ah, thanks CJ!

So, if I can get this straight...

1. Copyright your script with the United States copyright office...$65
2. Then send a copy to the library of Congress?  How much?  

Tony

Tony - I remember (at least about a year ago) a one original-script one writer was $35... tho you had to click a specific option to get that deal from the outset. If you went the generic route and select only one writer from the dropdown they still try to get the $65 or whatever out of ya. LOL I know because it almost happened to me last time and I was like o O (wait this can't be right) and completely restarted the application. Wish I'd done it more recently to be better help.

And you just upload a pdf with the application, that's included in cost.  

Tony:

The filing fee is $45 if you register one work, not made for hire, and you are the only author and claimant. They don't make that particularly clear on the Copyright Office's web site. I can walk you through the process sometime over the phone, if you wish, so that you don't get stuck paying $65. I'd hate to see you pay an extra $20 for no reason.

At the time you complete the online forms and make payment, you're asked to upload a .pdf of your work. About two months later, you should receive snail mail confirmation of registration with your work's registration number.

I see Derek's message now -- it's up to $45 from $35 now Derek, and I do agree that it's easy to be duped into paying $65.

Looks like Brian's right and they've upped it to $45 since then. Stinks. https://www.copyright.gov/about/fees.html

Brian - appears we're simul-posting. haha

Yes, Derek, we should have joined forces and drafted a single post.  :)

It's only 45$ USD if you register online. 65$ if you mail in the paperwork. Just to clarify.

As far as I know, submitting a work to LoC is free, after copyright registration.

Interesting, Lily, thanks. I didn't know that the fee was $65 if you mail a hard copy. Not sure why anyone would do that anymore, though (unless you write with a typewriter and don't have access to a scanner, I guess).

Brian, I'm with you. Online works, it's cheaper, and save on trees. Regardless, I can why some might want a physical paper trail. I guess it depends. I'm fine with online only, personally.

I am the city rube!   They got me.  So the Library of Congress is free.  I got made for twenty bucks ($65-$45=$20).  I'm learning.  

Tony

Tony, could be worse. US copyright office online is only 57$ Canadian. Please note my sarcasm.

Though, to go back to what CJ mentioned, it probably is a better bet for us non-Americans to go with LoC, if you want to tackle an American market, if that's your goal. But also, the other thing he mentioned, if a producer really likes your script and you're not registered with the US Copyright Office, they will help. I've even seen websites for American managers that specifically say open to international screenwriters, as in, this is a manager who already knows how to help with the legal side of things for non-American citizens. Personally, I'd rather focus my efforts on connecting with industry members who might be a good fit for me, no matter where they are in the world.

Wait what? I swear I've been paying $65 a registration like a chump!

Yeah, it's a bit tricky, CJ. What you need to do is skip completing the "Claimant" page. If you don't complete it, by default you will be the claimant and the charge will be calculated as $45 (assuming that you're also filing as a single author and the work isn't a work-for-hire). 

The other trick is that you need to enter the portal via the "Register One Work by One Author" link, which is under the "Other Registration Options" heading and NOT via the "Standard Application" link, which appears above the "Register One Work by One Author" link. 

I swear they are trying to fool people...

Happy to walk you or anyone else through the process via phone if you have any issues.

OMG. Thanks my dude. I feel like I just got a cheat code for real life.

Well, if even CJ can be duped, we're all vulnerable! Run for your lives!

I'm kidding. Comedy relief. No? *taps mic* Is this thing on?

One thing I've yet to get real information on is the new-ish group copyright registration option. Does anyone have experience with that? Is it worth it or not?

US Government tries to get revenge on redcoats by putting their citizens financially in the red. Sad! 

Tho if I'd happened to do it the way I initially tried last time on my first script instead I'd probably have gone thru the more expensive way till now too. Bonus points that the "Standard Application" option let you choose one author after selection then generously allowed you to keep paying the multi-author higher price...

Lily, regarding the group registration option, I've never tried it but it looks like a GREAT way to registered up to 10 works cheaply where eligible. Here are the eligibility criteria:

1. All the works must be unpublished.

2. You may submit no more than 10 works.
Example: 10 poems or 8 drawings or 4 songs.

3. You must submit the same types of work (such as a group of songs or a group of drawings).
Example: This application may be used to register 10 poems, but it cannot be used to register 1 poem, 1 song, 1 video, and 1 drawing.

4. All the works must be created by the same author or the same co-authors, and the author and claimant for each work must be the same person or organization.

5. On the Authors/Claimants screen, you must select a term from the drop-down menu that describes all of the works, and you must select the exact same term for each author and each work

6. You must provide a separate title for each work.

7. You must upload a digital copy of each work.

8. The file name for each work should match the title you provide in the application.
Example: If you are registering two songs titled "The Bachelor Party" and "The Wedding Party" each song should be uploaded in a separate digital file named "the_bachelor_party.mp3" and "the_wedding_party.mp3."

Brian, I agree, based on requirements and cost, seems like a really good deal. What's iffy to me is, how? Do they give one number for all submitted work per group? I mean, what's the catch?

I have to believe that each work is given a separate registration number. I don't think that there's a catch as even at $6.50/work they're still more than covering their overhead. The copyright office is a cash cow. They store works electronically and auto-generate reg numbers.

So one could do 2+ screenplays they wrote / co-wrote @ X$ per script?

Derek, I believe the website says 4 as an example, but I don't know if there's a minimum requirement. I don't have enough scripts to test it myself and I haven't seen/heard any firsthand experiences. Too new? I'm still waiting for a catch. There's always one lol.

*sigh* At least Dominos automatically calculates my best deal.

So much money lost. I feel like a wallstreetbets day-trader.

CJ, I can actually feel your pain and I'm sorry for that. Silver lining, at least we know now how to handle US Copyright Office. Not to belittle your loss, but it does help me, and probably a lot of screenwriters outside of the US.

Lily - Thank ya! I'll have to look into a little more down the line if/when it becomes relevant.

CJ - and you're one of the few that can probably write fast enough to hypo cash in on 4+ script regs @ one time! heh