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TOPIC: Copyright

Copyright 31 Mar 2020 19:37 #105770

  • Seanchas
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Hi,
A good few years ago I made a video for display on site for a local attraction... I was paid for the work and it is used daily in the AV room..
The people have got back to me and want to use the video online and are wondering if they have to pay me for copyright? I'm wondering if I have any rights to this and if anyone has any idea of costing ( 20 mins of HD content...) ???

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Copyright 31 Mar 2020 20:55 #105771

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If they paid you to do it, by default, they can state a good case for copyright, unless you had a written contract that says otherwise. I got invoved in such a case a few years ago. But, most people don't care, and I'd just tell them "You paid for it sure, go use it as you want to." Unless you have some ligitimate legal reason to say no. Again, msot of the time, most folks really don't care. It's an ancient 20-minute clip.

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Copyright 31 Mar 2020 21:57 #105772

  • deweyt44
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Funny enough just read about media law during lock in :P

Under U.S. Law, unless within the contract it state you did the project as a “work for hire”, the copyright/ thing you created belongs to you (keep in mind, anything you create is consider immediately copy written, even if not registered with the U.S., but still advised in the event you have to argue in court when and how long it was copy written ). Also noted in U.S. Laws, if you wish to sell said thing you created for someone else I.e. the video, the company you made the video for gets “first rights of refusal”, meaning you have to ask them first if they’re interested in purchasing it.


There are also portions of reasonable use scenarios, for example it’s expected if a company hires you to make a video for them, they’ll have the rights to use it within a reasonable extent i.e. to for their site, because that was the intent of having you make said video, despite your ownership of the video.


This was a funny law created, after a court case between a charity and a statue maker :)

Edit

Definitely read up about “Work for Hire”, since it will pop up often in this business.

definitions.uslegal.com/w/work-for-hire/

Also, if interested, you can get this book used for a reasonable price.

www.amazon.com/gp/product/0240804783/ref..._title?ie=UTF8&psc=1

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Last edit: by deweyt44.

Copyright 31 Mar 2020 23:39 #105773

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Cases have been messed up do to you did it for hire. Trust me, been through that gamut of lawyers, done that, got the T-shirt. And that's a whole other can of worms. And that's all beside the point.

Be greatful they're polite enough to ask and let them use it. Unless there's a compelling case not to. Do they have enough stacks of cash lying around that you could charge them for it? How much do you charge? Not as much as it was to make it. You have to determine a price, if so. Look at what stock libraries online charge.

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Copyright 01 Apr 2020 00:03 #105774

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Oh in the grand scheme of things, especially if it's with smaller companies or individuals, I agree with you a 100%. If they seem nice enough, I would in all likelihood just let them have the ownership, especially if the video holds no real value to anyone else. Plus it's goodwill for client relationship. Just useful information to consider when a filmmaker is dealing with contracts.

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Last edit: by deweyt44.

Copyright 01 Apr 2020 01:19 #105776

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But when they do have enough stacks of cash lying around... daddy needs a new Lexus...

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Copyright 01 Apr 2020 04:43 #105781

  • Karsten Schlüter
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answer vary where you're based … e.g. here in Europe no such thing as © exists.

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Copyright 01 Apr 2020 11:35 #105783

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Thanks everyone for the helpful advice... I'm based in Europe ( Ireland ) so I guess that means I have no copyright? Karsten?
J.

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Last edit: by Seanchas.

Copyright 02 Apr 2020 04:47 #105807

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you have something better than ©: author rights and easement rights.
the first you=the creator have automatically, no need to register yourself at any institution.
the later should be part of your contract with your client:
it defines, how your 'art work' is allowed to be used by the client, in what time-period, in what media.

so, when your contract said, 'unaltered, unlimited, for use in …' and for instance 'use on website' is NOT listed, you have the right to ask for an extra charge.

respect www rule #1 :
Never trust legal or medical advice in the web!
;)

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Copyright 02 Apr 2020 22:05 #105823

  • arc
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When ever I do work for a client I let them know I am work for hire and they own the video clips, images and logo. Everyone should state that upfront. If you are charging a client for creating logo, editing or taking pictures and getting video clips a judge can rule it as work for hire. They paid you to do work for them and in return probably have legal ownership but each case is different.

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Copyright 03 Apr 2020 04:17 #105832

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I have always let every one of my clients over the almost 30 years I've done this professionally, have rights to what I shoot and record for them. But, I do throw in the caveat that I am able to use it as I wish for promotional, training, and personal purposes. They own it, I have the rights to use it. I have no need or desire to own everything I do. Once I'm done, it's super rare I ever even think about it again. Why maintain rights to something I've washed my hands of, and moved on from? But I do have the right to use it, when that rare blue moon situation comes along.

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Copyright 04 Apr 2020 10:16 #105884

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arc wrote: When ever I do work for a client I let them know I am work for hire and they own the video clips, images and logo. …


uhm… well… many clients don't know, wether they 'own' the material they provide to you. A few examples:
• Music… had a client, who downloaded a track ("… from a public website!…") and asked me to use this for his web-video.
• People… imagine recording a conference with hundreds of attendees … theoretically, you need to make a 'model contract' with each of them
• the (in)famous Tour d' Eiffel at night example… for commercial use of any images, you have to purchase a license - because the tower is 'public domain' but the light-design has a ©… sort-of
• logos - some are creative-common, some not… some are 'owned' by company for 'any use', some are not.
• … list endlessly tbc

management summary:
there's a reason, why Legal Affairs is listed in the credits of bigger movies ;)

And: Where's no judge, there's no trial…  if it's just for internal use, single shot, for Grandpa's 80th birthday - who cares. But when you 'publish' stuff, and world-wide-web IS publishing, things can get complicated.-

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Copyright 04 Apr 2020 12:49 #105886

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Karsten Schlüter.

You quoted me. I felt I should respond. There is no copyright protected music used for my clients. Just so you know I am well aware of the publishing rights of BMI, SESAC and ASCAP.

As a Film Student I ask for permission to record a video at the Detroit Institute Of Arts. The Woman in charge said we let people come in with cameras and video recorders all the time. She stated I don't need permission. I was a student then.

You stated you need permission to film the Eiffel Tower because it is Public Domain. You are very confused. Things in the Public Domain have in fact had the copyright expire but it would not have anything to do with buildings.

Two years after my Student Film I began working for the City Of Detroit's Media Center. We video taped conferences at COBO Hall, Greek Town, UAW Buildings etc. We never ever had any attendants sign any papers. Everything we did was either broadcasted or played over cable.

We also did promos with footage of the Renaissance Center, COBO, DIA, Greak Town etc and never once got permission. We record the Red Wings Parade and several other big events and never once got permission from anyone attending.

As far as logos I stated when I create logos for the client they own all the rights. I have had clients with logos created by other people but like myself they have released all rights to the client. I am sure Apple owns the Apple Logo and Chevy owns bow tie logo. Any reputable advertising agency would be releasing all rights to the client.

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Last edit: by arc.

Copyright 06 Apr 2020 08:09 #105933

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arc wrote: … You are very confused. ….


Thanks Doc for your free diagnosis of my personal, mental health status.-

Feel free to read my post again, I’m talking about the tower at night and its illumination; for a quick start, read here
en.wikipedia.org/wiki/Eiffel_Tower#Illumination_copyright
(same article mentions the © of the whole tower…)

And, for sure architecture as any art-form, is Intellectual Property, check local laws how copyrights are handled in the OP’s area….


<sigh> Anyhow…

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