In Short
- Copyright is automatic: In Australia, your script gains copyright protection as soon as it is written down—no registration needed.
- Moral rights matter: Scriptwriters retain the right to attribution and protection against derogatory treatment, even if they sell their copyright.
- Secure your work: Register your script with the Australian Writers Guild and use secure formats like locked PDFs to prevent unauthorised copying.
Tips for Businesses
Always confirm copyright ownership before using or adapting a script. Ensure agreements clearly outline rights and responsibilities, especially for joint authorship or commissioned works. Seek legal advice before asking writers to assign rights, and respect their moral rights to credit and creative integrity. Clear contracts minimise disputes and protect your business reputation.
Table of Contents
- What Is Copyright?
- How Does Copyright Protect Scripts?
- International Protection
- How to Protect Your Copyright in a Script
- Protecting Your Copyright in a Joint or Multiple Authorship
- Signing Your Rights to Third Parties
- What if I am Employed as a Scriptwriter?
- Key Takeaways
- Frequently Asked Questions
Whether you are embarking on a new creative journey or simply looking to engage yourself in your spare time, your creative outlet is worthy of protection. If you are a scriptwriter, one way to protect your work is through copyright. This article will explain:
- what copyright is; and
- how scriptwriters can protect their works.
What Is Copyright?
Copyright in Australia is a free and automatic right. It requires no formal registration. Copyright protects the expression of an idea, rather than the idea itself. It grants the owner exclusive rights to control the material in a manner they choose.
It is important to note that to have copyright over material, it must be in tangible form.
How Does Copyright Protect Scripts?
The works you create as a scriptwriter automatically gain copyright protection from the creation date. This is because there are no formal application procedures to obtain copyright. In addition to this, scripts have moral rights associated with them. Moral rights are rights that protect the creative status of writers. Moral rights are personal rights granted to the creators of copyrighted works, separate to economic rights. You cannot assign or sell moral rights.
In Australia, three recognised moral rights are protected under the Copyright Act 1968 (Cth). These are the rights:
- to be attributed as the author of your script;
- not to have your script falsely attributed; and
- of integrity and to prevent derogatory treatment of your work.
As a writer, you deserve to be attributed as the author in a prominent manner, especially when a third party wants to reproduce or publish your work.
As with the automatic right to copyright, Australia does not require you to register your moral rights as a scriptwriter. However, this is a requirement in some other countries. Hence, seek legal advice before signing a distribution contract if you want to publish or distribute your work overseas.
Continue reading this article below the formInternational Protection
The Berne Convention is an international copyright treaty that provides automatic copyright protection across member countries. For Australian scriptwriters, this means your work is protected internationally without the need for registration in each country. It is important to be aware that although the Berne Convention stipulates minimal standards of protection, the terms of protection vary in each country.
How to Protect Your Copyright in a Script
Before you go ahead with distributing your script, one way of securing more protection would be to register your script with the Australian Writers Guild (AWG). The AWG is a professional association that protects the interests and rights of Australian performance writers. Registering your script helps legitimise the creation date and provide proof of the origin of the works. This is also a useful step to help you take action for a breach of copyright if another scriptwriter or a third party steals your script.
Once you register your script, you can start pitching it to producers, publishers, and agents. Although not strictly required to ensure copyright protection, you can add the © symbol to your script along with your name, the date of creation and AWG registration number to ensure wider protection. Including contact information or instructions about seeking permission to use your work can also be helpful. Generally, most people know it is important to seek permission from a copyright owner, but are often confused about how to do this. By making your contact information accessible, you have greater control over how third parties approach you to use your work.
You can also circulate your work in a format that is difficult to reproduce, for example in locked PDF form rather than a Word document. You may also be able to apply further security over your work. A technological protection measure (TPM) is a lock that can prevent a third party from copying your work without permission. Although not generally used for scripts, these are commonly used for more visual media. Therefore, it may be useful in further protecting your work if you are worried about copycats.
Protecting Your Copyright in a Joint or Multiple Authorship
You may be in a position where the script results from collaboration between various writers. In such a situation, it is possible for two or more people to own the copyright to a script. To be joint authors, both writers must prove they have made a ‘significant and original’ contribution to the script. The joint ownership of the copyright is also considered equal unless both authors have agreed otherwise. If this is the case, having the agreement formalised in a contract would be beneficial.
In a joint authorship, each author must get consent from the other before:
- licensing a third party to use the material; or
- waiving the full copyright.
However, each individual author is entitled to assign or sell their share of the copyright independently. If one of the authors dies, their share of the copyright and any royalties they receive will pass to their estate.
This guide explains the essentials of trade marks and the steps required to register a trade mark.
Signing Your Rights to Third Parties
As a scriptwriter selling your work to a production company or publishing agent, you may be asked to:
- sign a waiver; or
- assign your rights to them.
It is common in the film industry for a production company to ask a scriptwriter to assign their rights to a film or television script to them. This means the production company owns the rights and can do what they want with the material. Many budding writers make the mistake of signing away their rights in the hopes of receiving exposure for their creative work.
Before signing this document, getting independent legal advice is a good idea. You might find that such a waiver or assignment works in your favour, or you may wish to negotiate the terms. Either way, you should feel in control of your work.
Remember, unlike copyright, you cannot assign or sell your moral rights to your work. When you sell your script to a production company, you retain your right to be credited when your writing is used, performed, or adapted. Additionally, your work is protected against derogatory treatment, such as the addition of offensive content or a change to the fundamental message or theme of your script.
What if I am Employed as a Scriptwriter?
Reviewing clauses in your employment contract that discuss intellectual property is crucial. Some contracts may contain clauses that give your employer exclusive ownership of your creative work if it is produced during the ‘course of employment’. Although you will retain your moral rights, knowing who owns the intellectual property is important.
Key Takeaways
Protecting your script starts with understanding your rights and taking proactive steps. In Australia, copyright is automatic and free, but additional measures strengthen protection. Registering your script with the Australian Writers Guild establishes proof of ownership and creation dates. Adding the © symbol, your name, and the creation date to your work further secures your rights. Sharing your script in secure formats, like locked PDFs, helps prevent unauthorised copying. Before signing contracts, seek legal advice to retain control over your rights. By taking these steps, you ensure your creative work is safe, recognised, and respected.If you need help deciding how best to protect your copyright as a scriptwriter, our experienced intellectual property lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Copyright is a right that applies automatically to creative works. It only applies to tangible creations, not ideas.
When you write your television or play script down, it gains copyright protection. However, if you have only thought about an idea for a script, or spoken to someone about it, you do not yet have protection.
It is difficult to protect an idea. Therefore, you should write down your idea as soon as possible so that it gains copyright protection. Once you have written down your script, you can add the © symbol, your name and the date you created it to the document. You can also register your script with the Australian Writers Guild for further protection.
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