|
|||||||||
![]() |
|
Thread Tools | Search this Thread |
![]() |
#1 |
New Boot
Join Date: Nov 2005
Posts: 21
|
Who owns the copyright?
I regularly film bands with 2 XL2's and produce dvd's for the bands (also flash file). I also use stills from the footage for uploading to a website. My question is: who owns the copyright from a legal point of view of the material which I have filmed? I obviously appreciate that the music isn't mine. But what of the video itself and of the still images. Any legal types out there who can shed some light on the issue? Thanks in advance for any guidance.
|
![]() |
![]() |
![]() |
#2 |
Major Player
Join Date: Aug 2003
Location: Los Angeles, CA
Posts: 817
|
Not a legal type, but I can basically answer it...
In a sense, you both do. You can't use any video of the band, or their photos, or certainly their music without their permission in writing. Likewise, they can not use your videos or photos without your permission in writing, unless they paid you and it was agreed ahead of time that it was a work-for-hire (even then, something in writing is useful). |
![]() |
![]() |
![]() |
#3 |
Major Player
Join Date: Jul 2006
Location: Denver, Colorado
Posts: 204
|
Barry's got the basic gist of it. The best way to make sure is write up a contract (it protects both you and the client...make sure they realize that)...and include who owns which rights. Doesn't take too long to write one up. If you need a template, let me know. I got a coouple.
Jonathan |
![]() |
![]() |
![]() |
#4 |
New Boot
Join Date: Nov 2005
Posts: 21
|
Thanks fellas
Cheers for all the advice.
|
![]() |
![]() |
![]() |
#5 | |
New Boot
Join Date: Jun 2006
Location: Australia
Posts: 19
|
Contract template
Quote:
I would be interested in a look at that template you mentioned for a very similar situation if thats possible. Thanks |
|
![]() |
![]() |
![]() |
#6 |
Major Player
Join Date: Jul 2006
Location: Denver, Colorado
Posts: 204
|
Anthony...
E-mail me (e-mail is in my profile). Ian...I might have another form that talks about copyright...again, it's for the U.S., though, since it's about registering stuff for copyrighting. Let me know if you want it. Jonathan |
![]() |
![]() |
![]() |
#7 |
Major Player
Join Date: Jul 2006
Location: Denver, Colorado
Posts: 204
|
Template
Alright, kids. I've received a lot of requests for this, so I'm just going to post a link to download it. I am not cool enough to have my own website, so I'm just going to post a link you can follow to download it. It's in Word form, so you can edit as you like. It's a simple Project Confirmation Agreement that came with a very handy book I purchased called "Business and Legal Forms for Graphic Designers" (3rd Edition) by Tad Crawford and Eva Doman Bruck. It basically comes with a CD-ROM that has about 45 different forms you can alter to fit your business or need, along with an explanation of how they're used. I'd highly recommend purchasing it. I use this form to protect both myself and my client. Don't know how it will hold up in courts other than U.S. courts, but I guess it can be changed to fit what country you are in.
Anyway, I don't know how long the link lasts (I think a week), so download whilst you can. If I get more requests, I might re-post it. Here's the link: http://download.yousendit.com/BDE722274D1869CC Jonathan |
![]() |
![]() |
![]() |
#8 | |
Inner Circle
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
|
Quote:
In simple terms, you could view the distinction as being one of who owns the photograph or video itself and who owns the thing being photographed. Both parties rights need to be considered.
__________________
Good news, Cousins! This week's chocolate ration is 15 grams! |
|
![]() |
![]() |
![]() |
#9 |
Regular Crew
Join Date: Aug 2006
Location: Sitka Alaska
Posts: 128
|
Steve
There was a US supreme court case re this (COMMUNITY FOR NON VIOLENCE VS REID) , and there is a much broader definition of employer/employee. It is always best to get a written agreement, but it is more complex than what is being stated here. http://www.copyright.gov/circs/circ9.html The definition of a employee is an issue, and also there are a specific set of conditions that must be met IN ADDITION to a written contract to make it a work made for hire. As you stated, there is a vast difference as to who holds the copyright and who has rights, and also who needs to be listed as the author. Sharyn |
![]() |
![]() |
![]() |
#10 | |
Inner Circle
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
|
Quote:
__________________
Good news, Cousins! This week's chocolate ration is 15 grams! |
|
![]() |
![]() |
![]() |
#11 |
Major Player
Join Date: Oct 2006
Location: West Africa
Posts: 255
|
How can you possibly think you own the right to music videos you were paid to record on behalf of a band? Work for hire means you were paid to do something on behalf of someone, period. And that's exactly what happened here.
|
![]() |
![]() |
![]() |
#12 | |
Inner Circle
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
|
Quote:
__________________
Good news, Cousins! This week's chocolate ration is 15 grams! |
|
![]() |
![]() |
![]() |
| ||||||
|
|