Being charged for video footage

1. aussie11
   Member

   

   Hi to all

   Hoping someone might have some advice. A good friend of mine is a professional surfer and we live in a world class surfing area

   so there are always photographers etc from top surf magazines around the place taking shots and shooting video. My friend approached

   a videography that was filming him and asked if he could have a copy for himself. He was told that if he paid a fee of $1000 he could

   have a copy, which did not seem fair since the videographer would have nothing to sell to anyone if it had not been for my friend, because

   the videographer will sell that footage to magazines etc.

   Is the videographer legally able to just go and shoot footage of someone without permission? and then charge a fee to that person?

   I am thinking because my friend is carrying on his activities at the beach in a public place he probably has no rights in this area.

   Would appreciate any suggestions

   Thanks

   aussie

   Posted 2 years ago #

2. Kemper
   Member

   

    I am not a lawyer but here is how I understand it. Depending on how the photogs and videographers use the footage he really has no say. If the footage follows the rules of "fair use" (news, parody, etc) they are in the right. If they decided to submit this footage to use it to promote themselves or put it in a video or movie of some sort that is different. Granted, your friend would have to be easily recognizable for him to have a case. If he is just a small part of the frame and you can't see his face then I don't think they need permission. If they zoom in and you see his face then they would need a release from your friend assuming it doesn't fall into fair use. It doesn't seem right but this is how the news and tabloids get away with what they do.

   Maybe they are there to cover some one else and he just happens to be in the same spot? They may not be rolling when he rides or they could be practicing with new gear. Maybe he should find out what they are doing. They don't have to tell him but they might.

    

   Cole

   Posted 2 years ago #

3. composite1
   Moderator

   

   Aussie,

   Kemper's got the line on this. Truthfully, the '$1k' quote was a way to discourage your friend from asking. Provided the shooter has the proper rights to film the event that footage is legally his. Let's just say he 'gave' a 'copy' to your friend. What's to stop your friend from uploading everything onto YouTube, Vimeo and Torrent? If your friend does this, why would anyone want to pay for premium surf footage shot by the videographer, if they can watch it all for free online? If your friend paid a thousand bucks for it, he'd be a lot less interested in data dumping it all for 'his bro's' to see for free.

   Though it may seem unfair as you say, but remember conversely without the pro photographers and videographers no one would see your friend's talent in the broader media market. Professional media production is a business in which the product is stuff you can see and hear. I'm not sure what the copyright laws are in Auz, but in the US, if you're participating in a public event you're fair game. As Kemper mentioned, there are some provisions concerning releases and fair use which determines who owns the footage. Generally, if you contracted someone to shoot it for you or if you are singled out in an interview, generally a release form or your verbal permission on camera at minimum are required for the granting of rights. Your best bet is to look into your country's copyright laws to get a better idea of how it works where you live.

   H.Wolfgang Porter, Composite Media Producer
   Dreaded Enterprises Unlimited, Inc.
   http://www.dreadedenterprises.com

   Posted 2 years ago #

4. aussie11
   Member

   

   Thanks guys for all of the info.

   My friend at the time was in the top 5 world surfers, it was just a day at the beach, not a structured event or surf comp, and the videographer definitely

   single my friend out for that shooting session, and even got into the water with a waterproof housing and focused the 2 hour session on my friend.

    

   My friend has no problems with anyone taking footage, and his philosophy is if anyone can make something out of it...then go for it...

   but he was peeved that he could not get a copy for himself, as apparently, even though we might see a lot of these sportspersons on espn, and fuel

   tv, the athlete themselves do not have a personal collection for themselves. I know my friend wants a copy to view his style and technique so he can

   better his performance for future competitions.

    

   I am a complete novice, but plan to learn what I can and will do the filming for him.I think he has been No.2 at one point, and the short film I made for

   him this week was the very first footage he owns or posseses??

    

   Thanks to all for your help, hope I get this much help when it comes to asking about my camera and editing program.

   aussie

   Posted 2 years ago #

5. composite1
   Moderator

   

   Aussie,

   The situation you described is as we 'Septics' say is 'Whacked'. What that videographer did is a major no-no. He apparently didn't get anything in writing or on camera of your friend giving him permission to any of the stuff he did. At the minimum, he should have given your friend a copy of some short clips or the completed work as a 'reach around' for letting him film. This was not a public event so I doubt even Auz's rules on the subject would let that 'Dobey' ride for free if your friend decided to take him to court.

   Yeah, it's tough for sports figures to get copies from the major outlets for all the reasons I mentioned earlier. There's big money in stock footage so if your boy wants good footage of his rides he's either going to have to roll with you or pay a pro to get it.

   Posted 2 years ago #

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