Video University: Video University Forums: Marketing & Business: Copyright Ownership. Me? Or Company That Hired Me?

VideoUniversity.com
Home	Free Library	Store
Free Catalog Please support VU by making your B&H purchases and links through this B&H ad. Doesn't cost a penny more.

See The New VU Postcard Catalog

To post in the forums see the Forum Guidelines.

Join or Renew Today.
New Benefits for all VU Members

Forum Guidelines and FAQ
Main Index	Search Posts
Who's Online	Log In

Home: Video University Forums: Marketing & Business:
Copyright Ownership. Me? Or Company That Hired Me?

ApocalypseMedia
Novice

Aug 31, 2005, 1:11 PM

Post #1 of 7 (1403 views)
Shortcut

Copyright Ownership. Me? Or Company That Hired Me?	Can't Post

Hi All,

I'm just starting out, and I'm looking forward to a long career.

I was (I now believe falsely) under the impression that if I am hired to do a video, that the rights automatically go to the commissioning party, but I have been reading Media Law for Producers by Philip H. Miller, and Contracts for the Film & Television Industry by Mark Litwak, and it seems that those rights only go to the commissioning party if it is spelled out in a contract. Specifically, the Contracts book states in the glossary:

Works-for-Hire (or Work-made-for-hire) Under the Copyright law, this is either 1) a work prepared by an employee within the scope of employment; or, 2) a specially ordered or commissioned work of a certain type (e.g., a motion picture, a contribution to a collective work), if the parties expressly agree so in writing signed by both before work begins.

In Media Law, the author cites a 1989 case in which "the group that was paying for the work�an advocacy group for the homeless that had commissioned a sculptor to create a depiction of a homeless family�did not have a contract that clearly defined who would own the completed work. The Supreme Court ruled that, in the absence of such an express agreement, the sculptor retained the copyright to the work.

Furthermore, photographers seem to always retain the rights to their works. In fact, at Wal Mart, when we are sometimes making prints, the employees will occasionally say that they can't make copies of our photos because they are professional (my 15-year-old daughter fools the Wal Mart employees into thinking her stuff is pro!).

I guess my questions are... what are the advantages of giving the copyright to the commissioning party? Are the rights only given when the commissioning party insists? My gut feeling is that it would be better to retain the copyright to my own work, especially to assure that future copies were purchased through my own company, and that the work can be used to promote my own company in the future.

Sincerely,

Charles Charpentier
http://www.industrialfilmworks.com (under construction)

videobear
Veteran

Aug 31, 2005, 3:35 PM

Post #2 of 7 (1400 views)
Shortcut

Re: [ApocalypseMedia] Copyright Ownership. Me? Or Company That Hired Me? [In reply to]	Can't Post

You are correct. If you are an independent contractor (and be sure to read the Copyright Office's definition of this), and not an employee, and there is no agreement to the contrary, then you own the rights to original works you create for your client.

However, it is standard practice in the corporate video world for the client to get the rights. Most contracts will say so explicitly. If you are hired as a shooter only, and hand over the camera tapes at the end of the day, the point is moot, really.

Since there was no written agreement, I would discuss this issue with your client. Show them your legal position, and the supporting reasoning, but indicate that you are willing to discuss the issue, and want to reach an outcome satisfactory to both parties.

And next time, have a written contract. You should ALWAYS have a contract!!

Regards,
Doug Graham
Panda Productions

videobear
Veteran

Aug 31, 2005, 3:41 PM

Post #3 of 7 (1399 views)
Shortcut

Re: [videobear] Copyright Ownership. Me? Or Company That Hired Me? [In reply to]	Can't Post

Oh, I forgot another complicating factor. If you shot anyone and their likeness (voice and/or face) is recognizable on the video, you don't own the rights to that image unless you have a talent release. Ditto if you shot identifiable, privately owned landmarks, like a hotel or a factory. So, while you might own the rights to that video you shot of the company CEO, he owns the rights to his image, so the two of you are kind of at an impasse.

And, if you used copyrighted popular music as an audio background, and didn't get a release for it, you don't own the rights to that, either.

See why those written documents are important? Unsure

Regards,
Doug Graham
Panda Productions

ApocalypseMedia
Novice

Sep 1, 2005, 12:19 AM

Post #4 of 7 (1382 views)
Shortcut

Re: [videobear] Copyright Ownership. Me? Or Company That Hired Me? [In reply to]	Can't Post

Thanks Doug!

I didn't really have a contract with any problems. But I am on the verge of needing to come up with all the info for these contracts by the end of next week... for two jobs. One, for a hotel, I planned to do for free, just to get material for my own demo (and because of the owner's connections!). Somehow I came up with $250 for that one. And the other is a promotional video for a landscaping and waterscaping company. This last guy is very enthusiastic, and I'm doing it for $1000, but I had those questions about copyright. Hal's video course is coming in the mail tomorrow, and I'll be devouring it over the weekend. What Hal told me by email (because of my worry) is that I should make it desirable for my clients to buy copies of the production from me. Personally, I don't care about the ownership, because, what do I need the video for other than using it to further my own production company? I don't. Of course, there I have answered another one of my questions, which is: why should I get releases when I'm handing the copyright over to the client? I suppose so that I can use the video I've made in promotions for myself. Any comments on that aspect?

One more thing. Does anyone know a good place that will print those full-color DVD sleeves? Not those papers that slip behind the plastic sheet of a DVD box, but those little glossy cardboard sleeves used for CDs and DVDs. Seems to me that they are printed, then folded and glued. Is that cost effective, or is there a better way?

Sincerely,

Charles Charpentier
http://www.industrialfilmworks.com (under construction)
Charles Charpentier
industrialfilmworks.com (under construction)
Canon XL1S, Britek Lights (cheap!), Work Lights,
Bogen 475 Tripod & 503 Head, Ulead MediaStudio Pro 7, DVD Workshop 2, Samson Wireless, Maxell Tapes, Etc., Etc...

videobear
Veteran

Sep 1, 2005, 8:51 AM

Post #5 of 7 (1368 views)
Shortcut

Re: [ApocalypseMedia] Copyright Ownership. Me? Or Company That Hired Me? [In reply to]	Can't Post

You can print up your own CD/DVD sleeves. Here's a company that sells the blanks.

Or you can get a printer to make them up for you.

Regards,
Doug Graham
Panda Productions

DVXGalt
Veteran

Sep 1, 2005, 9:39 PM

Post #6 of 7 (1354 views)
Shortcut

Re: [ApocalypseMedia] Copyright Ownership. Me? Or Company That Hired Me? [In reply to]	Can't Post

Discmakers does the cardboard sleeves. I am ordering a batch of 1000 next week. Send me an email ina few weeks if you want to know how they did.

ssvp
User

Sep 3, 2005, 10:26 AM

Post #7 of 7 (1314 views)
Shortcut

Re: [ApocalypseMedia] Copyright Ownership. Me? Or Company That Hired Me? [In reply to]	Can't Post

In Reply To

One more thing. Does anyone know a good place that will print those full-color DVD sleeves? Not those papers that slip behind the plastic sheet of a DVD box, but those little glossy cardboard sleeves used for CDs and DVDs. Seems to me that they are printed, then folded and glued. Is that cost effective, or is there a better way?

Sincerely,

Charles Charpentier
http://www.industrialfilmworks.com (under construction)

You could checkout meritline.com they have a bunch of stuff as well as discmakers I believe..