Legal Question in Intellectual Property in New York
''Lost'' script/screenplay
I left an original script with a copyright mark in my name with somebody who now claims it cannot be returned because ''it has been misplaced''. I don't believe that excuse for one minute, but supposing it's true and the script ends up in somebody else's hands and is ripped off - apart from copyright violation by whoever that party might be, would I have any recourse for damages with respect to the person who claims to have misplaced the script?
1 Answer from Attorneys
Re: ''Lost'' script/screenplay
If you haven't already done so, you should immediately apply to register the script in the US Copyright Office (www.copyright.gov). You obtain copyright protection at the moment you created the script but evidence of its existence, actual notice to all and the opportunity to sue for infringementis is established by regstration. You also have an opportunity to sue for substantial damages in the event the infringement occurs after you register. If you don't register and someone infringes, you will have to register to bring a copyright infringement but your damages may be far less and your burden of proof will be higher.
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