Originally published in Screen Magazine, October 13-27, 2003, at 20.

You’ve got an idea for the next "bang-bang shoot ‘em up" movie.  Perhaps you’ve even taken the time to write a treatment or screenplay for your movie called, Revenge of the Mutant Soldiers, Part IV: This Time It’s Personal.  You bounce your idea or screenplay off a few industry people, but get no takers.  Later, while watching some coming attractions and nearly choking on some Raisinettes, you see a movie trailer about a platoon of soldiers who, as part of a secret government experiment, receive a large dose of radiation and then seek revenge…again.  That was your idea!  Was it stolen?  Well, maybe, but then again, maybe not.  This column will give you some tips on ensuring that your Mutant Soldiers idea or screenplay stays just that, yours.

Register the work. The first step in protecting your screenplay or treatment is to register it, either with the Writers Guild Registration Service (www.wga.org) or with the U.S. Copyright Office (www.copyright.gov), but preferably both.  If your idea has not yet been put to paper, write something out, then get it registered.  A completed screenplay or treatment is less likely to fall victim to theft.  By registering, you prove authorship as of the date of registration.  WGA registration is quick and cheap: $10 for members and $20 for non-members.  Copyright registration is little more involved, but provides you with a whole host of legal advantages, including the right to sue in federal court and certain statutory damages.  The current cost is $45.  Use Form PA (Performing Arts).  If you need help, seek out an attorney or someone with experience in filling out these forms.

Know with Whom You are Dealing. Sending your treatment or screenplay to a production company is never a good idea unless you know that the producer or representative is trustworthy or you have been specifically asked by that person to do so.  It is always advisable that you send a treatment instead of the entire screenplay.

Leave a Paper Trail. Keep diligent notes and records of all conversations and meetings you have concerning your screenplay. Keep track of where and to whom all copies of your work have been distributed. If possible, send follow-up letters to those with whom you have met.  The letter should detail the nature of the meeting and, if appropriate, mention whether the producer received a copy of your treatment or screenplay.

Get Good Representation. Finally, work only with reputable and experienced professionals.  Partnering up with a knowledgeable agent or attorney can reduce your risk.  Most production companies won’t even accept your screenplay or treatment unless it comes from an established agent or entertainment attorney.  Also, beware of professionals who demand advance payment of fees.  A contingency payment schedule is best and ensures that the professional will give his/her best efforts at getting your screenplay disseminated.

Remember, nothing is foolproof, but by employing a few simple safeguards, when Mutant Solders makes it to the big screen it will have your name in the credits!