As a filmmaker, you know much blood, sweat and tears go into every part of your work. From the initial script to the finished product, you have likely poured your heart and soul into it.
That said, it only makes sense to want to protect your art. The good news is that you will most likely be able to apply legal protection to the bulk of your film. Nevertheless, it is crucial to understand what you can and cannot protect.
Let’s go through the most important aspects of a film and determine which ones are protectable under the law.
Scripts
Generally, copyright protection is automatic for written work as soon as it is in tangible form. Most writers register their work to the Writers Guild of America to document ownership and establish a date of creation.
Doing this can give you some level of protection, but is only the first step. For extra copyright protection, you can apply for copyright with the U.S. Copyright Office.
Movie titles
Copyright and trademark laws usually do not protect movie titles. Copyrighting requires a minimum amount of “authorship,” and movie titles do not meet this requirement.
What about trademarks? It is possible to trademark titles if you have at least two movies made within a certain period. Single movies do not qualify.
Finished films
Yes, you can copyright completed work. Similar to scripts, you automatically have copyright as soon as your film is in a tangible form, such as when it’s saved on a hard drive.
However, submitting it to the U.S. Copyright Office as a motion picture is always advisable. This will help prevent other people from using your work without permission.
Ideas
General concepts or plot ideas are not copyrightable. This is because copyright law does not protect ideas—it protects the expression of ideas.
Film characters
A character that is unique, detailed and well-developed can be copyrightable. The protection usually comes as part of the overall copyright of the work. However, a character that is greatly unique can be protected separately.
Examples include iconic characters like James Bond or Superman. These characters have become recognizable beyond their original works and are therefore protected by copyright law.
Protect what is rightfully yours
These are just some examples of elements filmmakers can and cannot protect. Nevertheless, they should give you a good starting point for safeguarding your film.
If you need more help, consider talking to an entertainment lawyer. They can guide you through the process and help you explore other means of protection.