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Home: Video University Forums: Marketing & Business:
copyrights and intellectual property

scotthayes
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May 6, 2005, 8:09 AM

Post #1 of 5 (1103 views)
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copyrights and intellectual property	Can't Post

I know this has come up before, but if there is no contract between
the company who is shooting/editing, and the client, who owns the
footage?

If your gear is paid for, KEEP IT!

DVXGalt
Veteran

May 6, 2005, 9:57 AM

Post #2 of 5 (1091 views)
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Re: [scotthayes] copyrights and intellectual property [In reply to]	Can't Post

legally - the shooter / production company owns the material, unless there is a work-for-hire relationship.

ethically:

1. You should know better than to not cover this in a contract, even if your client does not. So they should get every benefit of every doubt or dispute if possible.
2. If they paid you to shoot something, and then later to edit it, IMO they have a moral (not legal) right to the raw footage. If they hired you to deliver a completed project, that is what you owe them. If project is not complete-able, giving them raw footage (if they are paid up) is a nice way to part company.
3. If you were hired as a shooter/second cam/etc for another production company or ad agency, you should hand them the tape at the end of the day or when you get paid, regardless of their stupidity in not having a good contract.
4. You should know better than to not cover this in a contract, even if your client does not. So they should get every benefit of every doubt or dispute if possible.

Life is too short for bad karma.
HTH.

scotthayes
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May 6, 2005, 10:02 AM

Post #3 of 5 (1088 views)
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Re: [DVXXX] copyrights and intellectual property [In reply to]	Can't Post

agreed. i give them the tapes when the project is completed. however, one of the young women who was talent for this particular project was let go, and she has called me wanting demo material to try and get a job/internship at one of our local tv stations. They made her sign a non compete for 6 mos, even though she was doing this gig for free. They also told me I wasn't allowed to give her anything, so this is why I am asking. Since I "legally" own the footage, I would like to help her out. She was really done wrong.

If your gear is paid for, KEEP IT!

DVXGalt
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May 6, 2005, 11:11 AM

Post #4 of 5 (1075 views)
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Re: [scotthayes] copyrights and intellectual property [In reply to]	Can't Post

ouch. Well, non-compete has nothing to do with you. Too bad you asked permission first. Now if you do it, it might cost you a client, even if legality is on your side. Of course, a client who is being vindictive with talent like that may not be worth keeping. Someday you will be in same boat.

Maybe some way to sneak around it? Work her into something for your own demo reel, and give her a copy. Put a piece of the client's project on your demo reel (if you are allowed). No telling who gets a copy of your demo reel after that, it might even get you new work if she shows it enough. Wink

But if new job is in violation of a legal non-compete (many are not legal, writinga good one is tricky) she could be just causing herself even more problems. She should see an attorney. And she should let new employer know about the non-compete unless her attorney tells her otherwise. It may not apply, or they may elect to just work around it, which happens a lot.

scotthayes
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May 6, 2005, 11:58 AM

Post #5 of 5 (1068 views)
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Re: [DVXXX] copyrights and intellectual property [In reply to]	Can't Post

I think that is what she is going to do. I do not have any signed agreement with said client, they are paying as they go. However, I am ready to end my relationship with them as wedding season is here in two weeks, and I just do not have the time to do a 30 minute show, and weddings along with my full time job. I will end up divorced.

If your gear is paid for, KEEP IT!