- This topic has 3 replies, 1 voice, and was last updated 14 years, 1 month ago by Anonymous.
February 21, 2007 at 2:42 PM #39477AnonymousInactive
You should have had a written agreement right up front. Failure to do so is an invitation for a lawsuit or at least for disagreements. By the way, this goes for ANY business deal, even if its with your brother in law – get everything in writing and cover all the details.
Your contract should have spelled out the purpose of the video and the limits you put on usage of the video. Since your client does not understand copyright law either, this might be a good time to write up a contract and present it to them as their "copyrights". I would have it state that they have the right to display and reproduce the video in its entirety, including with my copyrights notice and my advertising sequence at the end, but they do not have the rights to edit or partially reproduce the video.
Any recognizable people in that video should have signed releases unless they are in a public setting and you are not zeroing in on them or showing or doing anything that might be considered embarassing to them. The releases they sign to you should give you unlimited rights to use the video in any way you see fit, in any medium, etc. It should also specifically waive rights for heirs, etc. to put any limits, etc. on such usage. Check online sources for standard contracts. My releases are so iron-tight and so draconian that at first I doubted that anyone would sign them, but no one has ever refused.
February 21, 2007 at 2:42 PM #170549AnonymousInactive
We recently made a video for a chamber of commerce to promote the area. The chamber is selling the DVD’s that they get duplicated from us for a small fee. They called & requested that we get a copyright for them. We want to be able to use some of the footage for other purposes, possibly, especially because some of it we just donated from film we already had taken & it happened to be what they needed. What is the norm for producer & client? Do most videographers use footage again that they have used previously in a job? Doesn’t the videographer normally have copyrights? If so, what do we do about some photos we put in the video as a collage with permission from different individuals? Nothing was formally in writing & I doubt seriously that any of the photos were copyrighted. It was all just friendly agreement to use for the chamber. Thanks for any and all input you can give!
February 21, 2007 at 6:32 PM #170550AnonymousGuest
Here’s some ground rules for copyright:
Anything commited to a medium (be it electronic, print, on a napkin, whatever) is copyrighted by its author, except if it’s a work for hire (as in the words I’m writing right now are not owned by me as I’m currently on the clock for my employer, who employs me in part to write on this forum. Not really, but kinda).
So, to determine who owns the copyright, you’ll have to determine if you were a work for hire or not. That’s not easy to do. Here’s a valuable link that describes what considerations have to be made:
It really boils down to who had most of the creative control of the project and/or who had the authority to boss the other around.
As Compusolver suggests, it’s best to lay the legal ground rules prior in a contract. It could be as simple as typing up a few words that states who the author and copyright holder of said project will be. Have it signed and off you go.
I’d think the best you could do now is try to find an agreement between the two parties: yourself and the chamber. Allow for both parties to benefit from the deal. Put that agreement in writing and sign it. The thing you’ll want to avoid is a disgruntled Chamber of Commerce. Something tells me that won’t be good for business.
February 22, 2007 at 8:09 AM #170551AnonymousGuest
Yes. That’s right. However, my publisher’s attorney is claiming it was fair use. And, I’m pleading the fifth… so that’s the last you hear from me.
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