If a book is simply the source of inspiration for your idea, you may not need permission, as ideas and information are not protected by copyright

However, the owner of copyright in a literary work, such as a history book or a novel, has the exclusive right to adapt the work. This right includes the right to convert the book into a dramatic work such as a screenplay. If you want to create a screenplay based on a book, you will need permission. Usually this is done by securing an “option” agreement with the publisher or writer (this agreement deals both with making the adaptation, and with later permission to actually make the film – the option is exercisable if, for example, finance and so on is secured).

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If you have a written agreement relating to the work you did on the film, check whether or not it deals with how you can use the parts of the film that contain your work.

Otherwise, you will need permission if you are using a “substantial part” of the film, even for your own promotional purposes. You may also need permission for any underlying material (for example, parts of the music or the script that are relevant to the part of the film where your work appears).

In many cases, the production company or producer is likely to own or control all the relevant rights, but this may not always be the case.

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Ideas are not protected by copyright. If you have an idea for a film or a television show, the best way to prevent other people from using it is to keep it secret. If you want to divulge your idea to a producer or anyone else who may use the idea without your permission, you should get advice about the law of confidential information. See our information sheet Ideas: legal protection or contact the Arts Law Centre of Australia to obtain a sample confidentiality agreement.

Once an idea is reduced to “material form” (such as a written outline, treatment or script), it will be protected as a literary work or as a dramatic work. This means that if you give it to a producer, and he or she then uses it for a film without your permission, he or she might not only be in breach of a duty of confidentiality to you, but is also likely to be infringing your copyright.

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As a legal matter, your script is protected by copyright from the moment you begin to type it up or write it down. As a practical matter, it is always worth putting the “copyright notice” onto copies that you distribute, to remind people that it is protected, and to let them know that you’re the copyright owner. The notice consists of the “copyright symbol” followed by your name. You can also put the relevant year. For example: “© D. Auteur 2005”.

As a service to members, the Australian Writers Guild (AWG) has a script registration service.

Registration with the AWG is not a means of registering copyright. As stated above, your script is protected by copyright from the moment you begin to write it down or type it up.

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The title of a show is unlikely to be protected by copyright. However, a distinctive title may be registrable as a trade mark and/or a business name. You may also be able to prevent another person from using that title in a way which would mislead or deceive consumers under fair trading legislation and under the law of passing off.

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If you have made a film and you want to enter it into a competition, you should check whether or not there are any conditions of entry. The competition organisers may require that copyright be transferred to them in the event that you win the competition (or on some other terms). You should be aware of such conditions and make an informed decision about whether or not those conditions are acceptable to you before you enter the competition.

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