Video Virgin
12-Jan-95 15:16:01
Sb: #45132-Video Virgin
Fm: Stan Shumlick 71612,1725
To: Robert Pigford 71212,712
I am not an attorney, and you should contact one if there is any issue as
to who owns the copyright of a particular piece of work. But, a book that
I have entitled "The Copyright Act of 1976" states that the copyright for
artwork or photographic images belongs to the artist unless either of two
conditions exist. The first condition is that the artist is an EMPLOYEE of
the company that the "work" was done for. In this case the company owns
the the rights. The second condition exisits when the two parties are
separate entities and enter into a contract for services. In this case the
artist retains the rights to the "work" unless the phrase WORK FOR HIRE
appears in the contract, then the other party (who hired the artist) would
retain the rights to the "work".
This is one of the gray areas of the law that keep attorney's from
starving. As I stated previously, consult with an attorney. There may be
additional laws that apply or "implied contracts". Have your attorney draw
up the contract for you, it might cost a few dollars, but a lot less than
possible lost income or lawsuits. Also consider that copyright suits can
take several years to complete, and consume lots of your resources.
Protect yourself, no one else will.
I usually release the rights for broadcast to the client, however in my
contracts I have a clause that allows me to keep a copy of the work to use
in promoting my services, my company's services (demo reels are very
important!), or to enter into exhibitions (Telly awards, video festivals).
This has worked for me for the last 5 years with few objections or
problems.
When in doubt consult with a professional.
Good Luck!
Stan Shumlick
2 Tall Video Prods.
Glendale, CA
Happiness is just a render away…