ARCHIVE VIDEO USAGE OF PURCHASED SONGTRACK STATUE OF LIMITATIONS

Videomaker – Learn video production and editing, camera reviews Forums Specialty Topics Legal Issues ARCHIVE VIDEO USAGE OF PURCHASED SONGTRACK STATUE OF LIMITATIONS

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    • #90638
      AvatarSMDG
      Member

      Hi, I am not a video maker, I am a publicist/assistant for an iconic celebrity photographer. His archive catalog is extensive, covering decades and he is represented as a photographer by major international agencies.

      He has come across boxes of archive BTS footage he shot, had his paid assistants shoot with his equipment, or that was filmed as BTS footage by major networks (we are contacting them directly.)

      He is in the process of transferring some footage from super 8 to digital, and then will upload from there. Some of this footage that he owns is of noted musicians or screen actors (tv and film.) My questions are:

      1. Since this footage is 25-40 years old what, if any, legalities apply?

      2. If he sets one of the clips to a song available for purchase, that he paid for and downloaded, that is a song recorded by the band the footage is of, does that cross any legal lines?

      As soon as we know all bases are covered, I promise to post the link or where to find it here! Thank you!

    • #214061
      AvatarJackWolcott
      Participant

      Forums are not a good place to seek legal advice. An intellectual property attorney would be well worth the cost.

    • #214065
      Avatarpaulears
      Participant

      Depending where in the world you are – 50 years or 75 years after the original rights owner’s death.

      So at 25 years, it still belongs to somebody, and needs clearance. The law sometimes changes, as when suddenly George Gershon music was open season, then the law changed and 25 years added. If he was paid to produce these – then depending on his contract, he could have assigned the rights to the commissioner, or he could have licensed them. If this is the case, you just need to check. Sometimes nowadays, they add in perpetuity in any territory to the terms – as in forever, wherever!

    • #214069
      Avatarrs170a
      Participant

      2. If he sets one of the clips to a song available for purchase, that he paid for and downloaded, that is a song recorded by the band the footage is of, does that cross any legal lines?

      Yes it does cross several legal lines. All that buying a song gives you is the right to listen to it and nothing else.
      As Jack said, consult an IP attorney to protect your boss.

      Mike

    • #214072
      Avatarpaulears
      Participant

      There are lots of rights involved here. So clearing the music for inclusion in the video is one thing, but the people in the clips may well have the right to control the use of their image. If they are/were signed artistes to a record company, then exploitation of the individual, the band and the record companies assets might also be involved. The person who shot the video could have rights too. There are endless lists of people who you may not even realise existed. For example, nowadays the Lighting Designer often has an interest in video rights that feature their work. Is somebody playing an instrument unseen a union member who has a right to their performance – it’s very tough to be 100% right!

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