Script theft and leaks: what legal protection is there?

In this tribune, Inés Apode Martín, lawyer at Bardají & Honrado, addresses the possible consequences of the theft or leak of a script and how Spanish legislation addresses this key issue for the creative and commercial development of an audiovisual work.

In the audiovisual industry, the Script protection It is essential to safeguard the rights of authors and ensure the commercial success of productions. One theft or a leak it can seriously compromise the commercial impact of an audiovisual work, generate additional costs for production companies and even cause production to be cancelled.

One of the most notorious cases was the leak of the script of The Hateful Eight by Quentin Tarantino, which was leaked online before filming began. This leak caused the Project paralysis, and the film was almost canceled. Finally, Tarantino modified the script and a film was made with a Different plot to the filtered.

In this article we will explain the mechanisms legal protection of scripts in Spain and the actions that can be taken in the event of theft or leakage.

Copyright on scripts

In Spain, scripts are protected by the Consolidated Text of the Intellectual Property Law (TRLPI), which recognizes them as original literary works. According to the Article 10.1 of the TRLPI, are subject to intellectual property"all original literary, artistic or scientific creations expressed by any means or support, tangible or intangible", expressly including writings and speeches.

In Theft or Leak Case of the Scripts, will generally correspond to the producer assert their rights.

Consequently, screenwriters enjoy both Moral Rights as of Patrimonial rights about his works. However, due to the considerable economic investment made by production companies to carry out an audiovisual work, unless otherwise agreed, it is presumed that they have the rights of economic exploitation of the work, including the rights to the script, in order to ensure that they can market it without inconvenience.

Likewise, in the event of theft or leakage of the scripts, it will generally correspond to the producer assert their rights, because of this Assignment of economic rights. However, the screenwriter can always invoke his moral rights in case of theft or leak of his script.

Protection ex ante

When a script is stolen or leaked without authorization, the author or producer must demonstrate, in addition to the infringement committed, the Ownership of the work. Proof of authorship is essential for this.

Although copyright protection arises from the moment of the creation of the work (art. 1 TRLPI), registering a script provides a Solid proof of authorship and date of creation, facilitating legal defense in the event of a dispute. Some registration options include:

Intellectual Property Registration in Spain, managed by the Ministry of Culture.
Notarized Registration, which can attest to the existence of a hyphen on a given date.
Certified Email: Some email services allow you to certify the time, date, and actual delivery of a message. Likewise, sending a script by certified email also allows you to attest to its existence on a certain date.

In addition, before sharing a script with actors, agents or distributors, it is advisable to sign a Non-disclosure agreement (NDA). These contracts establish the obligation not to disclose or use the script without the authorization of the rights holder. Its use is key in the Project development and presentation phase, reducing the risk of leaks.

Legal actions Ex post

In the event of theft or leakage, the law offers several legal mechanisms to protect the work:

Precautionary measures: Urgent measures can be requested, such as Immediate removal of content filtering on digital platforms or the prohibition of its use in other productions.
Copyright infringement lawsuits: The owner of the rights to the script has the exclusive right to decide who can reproduce, distribute or publicly communicate the script. Likewise, in the event of a leak of a script, the rights holder may file a civil lawsuit requesting the cessation of the unauthorized dissemination.
Economic Damages Lawsuits: The leak of a script can damage the commercial potential of the audiovisual work, destroy the opportunity for control over the release of the work or generate unwanted spoilers, which can cause a significant economic loss to the production company.
Criminal proceedings: If the theft or leak seriously affects the exploitation of the work and fraudulent intent is demonstrated, criminal proceedings could also be resorted to (Articles 270 to 272 of the Penal code): “Anyone who, with the intention of obtaining a direct or indirect economic benefit and to the detriment of a third party, reproduces, plagiarizes, distributes, publicly communicates or in any other way exploits economically, in whole or in part, a literary work or service shall be punished with a prison sentence of six months to four years and a fine of twelve to twenty-four months. artistic or scientific transformation, or its transformation, interpretation or artistic execution fixed in any type of support or communicated through any means, without the authorisation of the holders of the corresponding intellectual property rights or their assignees”

In the face of the Risk of theft or leakage, both screenwriters and producers must take Preventive measures to ensure the Authorship and confidentiality of the works.

In conclusion, the legal protection of hyphens is essential to preserve the authors' rights and ensure commercial viability of audiovisual productions. Faced with the risk of theft or leakage, both screenwriters and producers must take preventive measures to ensure the authorship and confidentiality of the works.

In the event of an infringement, Spanish law offers a Wide range of legal resources, from injunctive relief to civil and criminal lawsuits, to enforce copyright and claim compensation for the damages caused. The correct use of these tools is crucial to safeguard both the integrity of the work and economic interests of those involved in audiovisual production.