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Home: Video University Forums: Tech Q & A:
Who owns the footage???

 

 


st3v1e
Novice

Feb 19, 2006, 2:53 AM

Post #1 of 9 (1303 views)
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Who owns the footage??? Can't Post

Hi guys,
got a small problem, and wondered if anyone can give me a definitive answer.

Myself and another guy were asked if we would be prepared to shoot an amateur film in our local town.

In a nutshell . . . . we undertook the project, which was a disaster from the start - as no-one except ourselves knew anything about film making and our advice was constantly ignored - resulting in many, many extra unnecessary hours of filming (ie: no storyboarding, direction of the actors, etc etc).

Now after all the footage has been shot (as far as we're concerned), the woman who initially asked us to shoot the footage is asking for all footage shot to be "given" to her as she claims it's her's.

All footage was shot on our own equipment and on our own tape stock - furthermore, there is no footage on tape, as it was all transferred to Hard Drive months ago for editing, as we needed to free our tape stock for other projects.

The situation between us has deteriorated because of her unreasonable requests to constantly take up our time (time we could have been using to make money on other paid projects).

Can anyone advise as to what our rights are and if we should simply "hand over" footage on the Hard Drives - to date we estimate that we've provided this lady in the region of 300-400 hours of our unpaid time.

Thanks,
Steve


tgacga
Novice

Feb 19, 2006, 1:03 PM

Post #2 of 9 (1291 views)
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Re: [st3v1e] Who owns the footage??? [In reply to] Can't Post

If you haven't been paid...give her nothing...She gets what she paid for!
www.freelancevideo.net


bbalser
User

Feb 19, 2006, 1:09 PM

Post #3 of 9 (1290 views)
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Re: [tgacga] Who owns the footage??? [In reply to] Can't Post

If there's no signed agreement, and you used your own hardware and money to get the footage, it's yours, period. She has to sign a work-for-hire agreement and pay you for the footage.


tgacga
Novice

Feb 19, 2006, 2:36 PM

Post #4 of 9 (1282 views)
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Re: [bbalser] Who owns the footage??? [In reply to] Can't Post

The agreement can even be implied but she hasn't paid you so its your footage.
www.freelancevideo.net


st3v1e
Novice

Feb 19, 2006, 2:37 PM

Post #5 of 9 (1282 views)
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Re: [bbalser] Who owns the footage??? [In reply to] Can't Post

Thanks guys . . . . .. is that a legal point of view or your own personal feelings?
Just wondering how I'll stand legally if things get even more tricky?

Steve


tgacga
Novice

Feb 20, 2006, 12:12 PM

Post #6 of 9 (1254 views)
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Re: [st3v1e] Who owns the footage??? [In reply to] Can't Post

No, I am not a lawyer...I have a friend who has a video business and he had a very similar problem and he has a lawyer who told him what I told you...for what thats worth. If you want a definitive answer you should ask a copyright attorney. If you get ALL your legal advice on here you are always at risk of a bad decision.
www.freelancevideo.net


st3v1e
Novice

Feb 20, 2006, 2:44 PM

Post #7 of 9 (1244 views)
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Re: [tgacga] Who owns the footage??? [In reply to] Can't Post

OK . . .. thanks for taking the time to answer my query, you've been very helpful.
Have a great week.

Kind regards,
Steve G


videobear
Veteran


Feb 21, 2006, 10:55 AM

Post #8 of 9 (1216 views)
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Re: [st3v1e] Who owns the footage??? [In reply to] Can't Post

Stevie, it's your footage until you get paid.

But this sort of thing is why you always, always, ALWAYS need to have a written contract, even if you are doing a pro bono project.




Regards,
Doug Graham
Panda Productions


bullshark
Novice

Feb 22, 2006, 3:42 PM

Post #9 of 9 (1191 views)
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Re: [st3v1e] Who owns the footage??? [In reply to] Can't Post

I am pretty certain the footage is yours in the absence of contract and money changing hands, but I'm curious thought, why do you want to hold on to the footage? Is it as some kind on ransom because she owes you money, or you have plan for it? Or you just don't want to go trought the trouble of transfering it all to tape again? Or she's done something bad to you? Just curious.


(This post was edited by bullshark on Feb 22, 2006, 3:43 PM)