Legal Issue: Video Rights

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    • #43840

      Here’s the situation: I’m working with a local band on some music videos. I finished editing last night, and need to send in the finished product tomorrow in order to get it into the Videomaker contest in time.

      Videomaker requires video release forms if you submit any material that you don’t own.

      The music video includes footage from myself, from ThinkMedia Studios, and from TBN.

      Basically the band signed a release for TBN that gave the broadcast company permission to use their music and appearance. The band thinks it’s logical that since they helped TBN out by performing, that TBN should have no problem letting the band use the footage for their own promotion. Our intention is to use TBN’s footage (30 seconds) as part of a music video for non-profit promotions for both of us.

      I have releases for everything but TBN. I gave a video release to the band leader to get signed, but here’s what he said:

      Band: Sorry. TBN won’t sign the release. I don’t know what else to say right now.

      Me: Can you at least get them to handwrite a paper that gives me permission by name to use their footage in the contest? That’s the minimum I need. Even an email that says, sure, I can use the footage for the 2008 Videomaker Contest is acceptable.

      Band: Well the lawyer won’t get back to me. It’s ridiculous. I’ve been in talks all week over 30 seconds of footage. They are most concerned with it being on myspace or the internet. I may be able to get permission for a contest but that would imply that we are trying to make money off of it.I’m really mad about the whole thing right now.

      Me: Wow. Well, please do everything that you can. Basically, once I mail in the video, it becomes the property of the magazine, and we keep all intellectual rights…but in the first place we need the rights.

      If they weren’t going to allow you to use the footage for anything, why did they give you a copy? I was under the impression that you were allowed to use the footage for the music video.

      Band: I did sign forms giving them legal right. The point is that the woman at TBN said, “It shouldn’t be a problem.” when I brought it up to her. Then when I got the video she said the same thing. Then when I emailed her she said the same thing. Then the lawyer said no and doesn’t return my calls or emails.

      I don’t have a solution anymore. Maybe use footage from the coffeehouse or something. I’m so mad I can’t even think straight.

      Right now we can’t find any solution. It looks like we’ll have to make do without TBN’s footage for this contest, but we would like to use it as part of our video in future contests/promotional non-profit work.

      What do you see? Are we right, are they right, is there nothing we can do?

      Here is a copy of the release I drew up.Is it too restrictive for our purposes? Please keep in mind that we are not lawyers and do not intend to take any steps without legal sanction.

      I hereby give my permission to Neighborhood Studios (Ryan Nord) and Willy Cleary (the band) to use footage and content recorded by

      (company name)_______________________________, on the date of________________________in its publications. I understand that my footage will be used exclusively for promotional and video contest purposes, which may include, but is not limited to, distribution by print, Internet, or digital media and open-circuit broadcast, closed circuit, and/or cable television transmission. I also understand that both parties will only use footage and content personally provided to Willy Cleary (the band).

      I understand that there will be no financial or other remuneration for use of my footage and content, either for initial or subsequent transmission or playback, and I hereby release Neighborhood Studios and Willy Cleary (the band) from any liability resulting from or connected with the publication of such work.

      I hereby grant, and transfer to Neighborhood Studios (Ryan Nord) and Willy Cleary (the band) all rights, title, and interest in footage provided by (company name)_______________________________. I hereby release Neighborhood Studios (Ryan Nord) and Willy Cleary (the band), and their legal representatives, assigns, and affiliates from all claims and liability relating to said footage and content. Neighborhood Studios (Ryan Nord) and Willy Cleary (the band) agrees to acknowledge footage and content provided by (company name)________________________________in any media they create that includes video provided by said party in the form of text or logo as chosen by said party below:

      (credit acknowledgement of company)___________________________________________________________________________________________________________________________________________________________.

      I attest that I have voluntarily agreed to this document, and that this document contains the entire and complete agreement concerning the use of footage and content provided by (the company)__________________________________.

      Signature_________________________________ Date__________________

      Signature (printed)__________________________

      Thank you for any help you can give!

    • #183731

      Issue solved. They agreed to give the rights for their footage to be used only in the music video on Youtube, nothing else.

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