The Common Law

Do I need to put a notice of copyright on the movie script I just finished writing?

Copyright notice is the notice that is usually placed in each published copy of the work that tells others that the work is copyright protected. Since March 1, 1989, copyright notice has not been required for a copyright to be valid. Nevertheless, copyright notices are free, and can provide certain procedure advantages in court, so in most cases it is a good idea to use them.

To be valid, a copyright notice must be put in a prominent place on copies of the work, and include the following three things: 1) "Copyright," "Copr." or the copyright symbol (©); 2) the year of first publication; and 3) the name of the owner. An example of a valid copyright notice is "© 2002 John Doe." The notice for phonorecords of sound recordings uses the symbol of the letter "P" in a circle (rather than the © symbol).

The copyright notice should be affixed to the copyrighted material in such a way as to give reasonable notice of the claim of copyright. In the event of a lawsuit, a valid notice can prevent someone from claiming in court that they should pay less in damages because they didn't know about the copyright. For more detailed information on copyright notices, check out www.copyright.gov.

I am a writer and I wrote a movie script several years ago. I believe the script is copyrighted, but how long does that last?

Several factors will determine the term of copyright for a particular work. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a work using a fictitious name or identity, or a work made for hire, the copyright lasts for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation (whichever expires first). For works first published before 1978, the term of the copyright will vary based on numerous factors. For more information on determining the length of copyright protection for a particular work, check out Chapter 3 of the Copyright Law (www.copyright.gov/title17/92chap3.html).