Video University: Video University Forums: Marketing & Business: Did they steal my video?

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:
Did they steal my video?

X-Billy_Horton
Imported Account

Jan 9, 2003, 12:29 AM

Post #1 of 5 (776 views)
Shortcut

Did they steal my video?	Can't Post

For the past few years I've participated in a Bridal Show, but this year I opted not to because a group I belong to decided to put on our own show.
I shot some footage a few years back at the old Bridal Show and used that in a TV spot promoting the show. I've used the same footage but updated the title to reflect the show's date and time. For reimbursement I was given a discount on the booth rental.
This year the show's promoter called to ask if I was going to be in the show and I told him that I wasn't. He's from out of town so he told me to call his local rep and get with her about producing the TV spot. I called her and left a message about doing the spot but she never called back.
Tonight I'm watching TV and up comes the spot that I made, with a new title screen for the different date and time! Everything is exactly like it was last year except for that. I know that the TV station just took my spot from last year and just inserted a new title.
My question - did they steal my production? I feel like they did since everything in the spot was created by me except the narration, which the TV station has provided the last few years. I shot the footage under speculation that I may be able to use it, which I did. However, I never signed any kind of release waiving my rights to the video or anything, I feel that the TV station just pulled the tape from the shelf that I furnished them with last year and had their way with it.
What do y'all think?
Regards,
Billy

X-Doug_Graham
Imported Account

Jan 9, 2003, 11:28 AM

Post #2 of 5 (775 views)
Shortcut

Re: Did they steal my video?	Can't Post

Another production done without a contract. Sigh.
Billy, as I understand it, you shot the spot, and got a discount on your booth in return. So, you've been "paid" for your work.
In the absence of any other agreement, you've created a "work for hire", and the person who paid you owns the work they hired you to do.
So yes, they can take that footage, put new titles on it, and use it.
Sorry. Let this be a lesson: ALWAYS have a contract that specifies who does what to whom, when, and how much gets paid and when, and who owns what.
Regards,
Doug Graham

X-Xarry_Gounopoulos
Imported Account

Jan 12, 2003, 3:40 AM

Post #3 of 5 (775 views)
Shortcut

Re: Did they steal my video? [In reply to]	Can't Post

"So yes, they can take that footage, put new titles on it, and use it."
Doug,this is in a way your conclusion.
We don't have only written laws we have even ethical common sense.
Billy must try to talk to them and only if they say NO have
his lesson.He must try first not assuming "i lost everything".
Xarry
(please be kind to my english)

X-Doug_Graham
Imported Account

Jan 12, 2003, 8:58 AM

Post #4 of 5 (775 views)
Shortcut

Re: Did they steal my video? [In reply to]	Can't Post

: "So yes, they can take that footage, put new titles on it, and use it."
: Doug,this is in a way your conclusion.
: We don't have only written laws we have even ethical common sense.
: Billy must try to talk to them and only if they say NO have
: his lesson.He must try first not assuming "i lost everything".
Quite correct, Xarry. It never hurts to talk, and Billy should certainly try it. Maybe they will at least offer him a discount for NEXT year.
Regards,
Doug Graham

X-Billy_Horton
Imported Account

Jan 16, 2003, 5:53 PM

Post #5 of 5 (775 views)
Shortcut

Re: Did they steal my video? [In reply to]	Can't Post

: : "So yes, they can take that footage, put new titles on it, and use it."
: : Doug,this is in a way your conclusion.
: : We don't have only written laws we have even ethical common sense.
: : Billy must try to talk to them and only if they say NO have
: : his lesson.He must try first not assuming "i lost everything".
: Quite correct, Xarry. It never hurts to talk, and Billy should certainly try it. Maybe they will at least offer him a discount for NEXT year.
: Regards,
: Doug Graham
Sorry I haven't gotten back here lately, I've been snowed under.
After my first initial reaction of anger - mainly because the sponsor had wanted me to do the spot and the local rep did an end-run around that - I calmed down about it. To be honest, I had done quite well with it money-wise with the booth discount.
To make matters worse for the Bridal Show sponsor, I had a few complaints last year from some of the brides that had seen the ad and expected to see some of the people that were in the ads. The footage had been shot a couple of years ago and showed an ice sculpturer and a few other vendors that were not at last year's show, so the brides had expected to see some of those people, who were not there. With this info in mind I had decided to re-do the ads with more generic-type stuff so as not to mislead people about who may or may not be in the show.
Also, since I was not at the show and some big-name vendors decided to boycott this show in favor of another, the commercial was probably a bomb (at least I hope so!), because practically everyone featured in the spot was not there.
But in the end I still think the TV station did a disservice to me since they knew the circumstances of the ad. They just pulled their copy off the shelf (since the sponsor didn't have a copy) and slapped a couple of off-color purple (it used to be pink) backgrounds, some ugly text, called them titles and went with it.
Next time I'll make sure I put some info on the video about who owns the copyrights to any ads I take to the station, and get that in writing also.
Regards,
Billy