Protect Your Script...Or Don't
Writers around the world have concerns about the wrong thing.
Last weekend, I was asked to speak at a workshop for Craft Services, an amazing community of writers from around the world that attend twice-weekly Zoom meet-ups hosted by uber-producer Nicholas Weinstock, one of the nicest and smartest people in this business. The conversation was wide-ranging, with great questions that came from creatives in Nigeria, Australia, Ireland, and even California.
I will post a couple more thoughts this week, but the topic that stuck with me the most over the past 48 hours, and which came from three different writers, all based outside the United States, was this: "How do I protect my script from getting stolen?" The anxiety was real, and, as I told them, likely misplaced.
To those concerned writers: I get it. You've poured months or years into your screenplay. You've crafted every character, honed every line of dialogue, and built an entire world. Now you're on another continent, about to send it out into the Hollywood wilderness, where sharks supposedly circle waiting to steal original ideas. There are plenty of horror stories about stolen scripts and ripped-off writers keeping you up at night.
But in my experience, the reality is that the threat of “script theft” is vastly overblown, while the real risks to writers are often overlooked.
Let's start with what protection actually exists. Under U.S. copyright law, the moment you string your first original thoughts together and send them to another person, your work is protected. No registration required. The screenplay is your intellectual property, and you have legal recourse if someone steals it. Registration with the WGA or US Copyright Office provides additional evidence of your authorship and timing, and could entitle you to more money in the event you won an infringement lawsuit, but it doesn't meaningfully increase your legal protection. Once you publish an original work, you’re protected.
But here's the thing: I’m not aware of a single case of outright script theft. Not because theft doesn't happen, but because the economics of stealing scripts make absolutely no sense, and the electronic paper trial is far too obvious. Studios, producers, and established writers have way too much to lose by stealing your work directly, and the potential lawsuit exposure vastly outweighs any benefit they'd get from your script.
If something is stolen, it’s far more likely to be the thing that cannot be copyrighted in the first pace: ideas. Character types you may have developed, or the setting of the particular drama are much easier and more enticing to knock off, or replicate with another writer, than actual, verbatim dialogue or scene description. There may be an argument the those ideas are copyrightable, as Michael Crichton’s estate is currently alleging against Warner Brothers with its new show The Pitt, which the heirs claim is an unauthorized adaptation of the creative ideas at the heart of ER, which Crichton created. But those cases are expensive, and, again, studios have built up fairly sophisticated defenses against those types of claims.
What’s more, “idea theft” is almost an expected byproduct of the collaborative nature oft his industry. I know someone that contributed several rounds of notes with a young writer developing a dark comedy series years ago about four suburban housewives and their intertwined dysfunctions. When an ABC drama came out a few years later that look eerily similar to the show he had discussed, he could have filed a lawsuit, or shrugged his shoulders. He chose the latter, and an acceptance of this industry norm. In the immortal words of Omar: It’s all in the game.
Ideas are cheap, so go write your next great script.
It’s a harsh reality, and one for which the solution is unsatisfying. However, the real threats that writers can and should be more attuned to, especially those just getting started, are much more subtle and pervasive. Like spending months writing an entire script before realizing the subject won’t grant their life rights. Or the producer who loves your script, but wants to option it for free. Or the development executive who suggests a dozen unpaid rewrites before maybe, possibly, potentially considering purchasing your script. These are the actual dangers lurking in Hollywood's waters, which may be avoided with eyes wide open and a couple trusted allies.
So instead of worrying about script theft, I’d suggest focusing your energy on:
Understanding your rights as a writer;
Learning to recognize predatory development deals;
Building relationships with legitimate, trustworthy industry professionals; and
Creating undeniable work that makes people want to work with you, not steal from you.
When you’re starting out, don't waste money on expensive copyright services or elaborate authentication schemes. Instead, invest that time and energy on learning the business, finding real mentors, and most importantly – writing your next script!
This is NOT legal advice.