Footage theft question
 

I just had a PBS program link forwarded to me and the one hour film has footage of mine being used in it. No acknowledgement or credits or anything.

what to do?

Re: Footage theft question
 

First, talk to a lawyer. I am not one.
That being said, here are my suggestions. First, send them a bill for the use of your footage. Include the exact time, program it was used in, etc. They might just pay. If they don't, have that lawyer I was talking about earlier send them a letter. Letters on law firm letterhead tend to get noticed more. If that does't work, use that lawyer to sue them.

Re: Footage theft question
 

Dale, any idea how they came to be in possession of your footage?

Re: Footage theft question
 

Dale I would think contacting PBS would be my first move. I would think that they would be a bit concerned if somebody produced a program for them with out having all the rights to use the footage.

Gordon

Re: Footage theft question
 

Thank you for the ideas!!

Re: Footage theft question
 

Sorry to hear that. Firstly, download the movie if at all possible. You need the footage in your possession otherwise it will be whipped away and you will have nothing to talk about, or will with great difficulty.

Re: Footage theft question
 

I disagree. I think you should have an attorney do this for you
rather than contacting them yourself.

PBS has a legal department to handle issues like this. You need
*your own* legal department, therefore you should consult an attorney
immediately (one that specializes in intellectual property and media law).

Thread moved from UWOL to TCB.

Re: Footage theft question
 

Chris you may very well be right. Depending on how much footage is involved it might cost more to hire a lawyer than it is worth. My thinking was if contacting PBS didn't work out than get a lawyer invovled, but then I'm pretty easy going.

Gordon

Re: Footage theft question
 

Geez, you guys all think lawyers are free?

I'm sorry this happened. Unfortunately, getting a lawyer involved means writing a check. Are you ready to do that? First ask yourself what you want. Money? Credit? PBS to cease and desist? A simple apology?

Honestly, if this happened to me at this point in my life, I'd probably call PBS and simply ask how this happened. You're not going to give up any of your rights by doing that.

Just because they're PBS doesn't mean they don't screw up. Unfortunately, PBS is not a single monolithic production company, they air programs from many sources including independent producers and podunk little public stations staffed by minimum wage folks who don't know any better.

Get more info, then get a lawyer if you feel it's necessary and worth the money.

You want to talk about huge corporations stealing footage? Microsoft used my cousin's footage in one of their game promos. Took it right off the internet without so much as a "please may I?"

Re: Footage theft question
 

Chris D. Nope I don't think lawyers are free and that's why I suggested what I did. I don't see the problem with contacting PBS and as I mentioned in my first post I would think they would be concerned if somebody produced something for them without having the rights to all the footage.

Gordon

Re: Footage theft question
 

1. Get a copy of the program.
2. Figure where they got the footage if possible. (If you posted it on YouTube or the web then you're probably screwed).
3. Send the production company and PBS an invoice pointing out the exact footage they used and that they stole your footage and violated your copyright.

4. If they don't respond have your attorney write them a letter threatening a possible lawsuit and turning the copyright infraction over to the FBI.

Good Luck

Re: Footage theft question
 

Dale, is that footage anything you have posted on youtube or vimeo etc. for your UWOL entries?

Re: Footage theft question
 

I was referring to the guys who said "get a lawyer first".

Not true. You don't give up your rights simply because you put video on YouTube or your website. Certainly that makes it easier for people to get your footage, but it does not give them the right to use it.

Re: Footage theft question
 

Read on... YouTube - Broadcast Yourself.

Re: Footage theft question
 

Is there something specific we're supposed to notice?

Re: Footage theft question
 

YouTube Terms of Service, Item 6C

"However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable."

Re: Footage theft question
 

That does not mean your footage is now public domain. It means you are granting YouTube the right to show your video. That's fair, because the assumption is that you did upload it to YouTube for that purpose.

If you're referring to the portion that reads "You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service"; that means YouTube users can watch the video (and embed it on their website, Facebook, MySpace, et al) through the functionality of the Service.

The italicized words are very important. It does not mean you can download the footage and use anywhere you see fit.

Re: Footage theft question
 

My interpretation of the first section seems to suggest that they can copy it and re-distribute it - the can license it to others, as they do on those TV programmes who search for silly material. It certainly reads to me that they can do what they like with it!

Re: Footage theft question
 

That may be how you interpret it, but that's neither here nor there, because I'd be willing to bet large sums of money that YouTube did not produce the PBS program in question, nor were they involved in licensing footage to the producers of said program.

Dale, have you found out anything about this situation in the past week?