#Video Virgin
17 messages in this thread
Well, I'm on the verge of landing my first <gulp> professional video
production job, and I'm hoping someone is willing to point me toward some
info.
The job is a training video for which the customer has already written a
script and shot the footage – a straightforward edit job with simple
titles and voice-over.
Question 1) Who retains the copyright to the master tape? I suppose the
customer does, since it's their footage of their facility, but what about
the graphics? (Or are title screens not considered worth copytrighting?)
Question 2) Any suggestions on where I may find (on C$erve, or elsewhere)
examples of typical 'scope of work' documents or contracts?
Question 3) What are the copyright rules regarding music MOD files that
are freely distributable? In particular for use as intro and exit music?
Thanks in advance.
– Rob.. <71212.712@compuserve.com>
RBProductions <cyrano@aztec.inre.asu.edu>
Rob,
Re: your questions about copyright. . .
<<DISCLAIMER: THE FOLLOWING IS NOT LEGAL ADVICE AND IS NOT PROVIDED BY AN
ATTORNEY>>
1. My understanding is that rights ordinarily belong to the creator. I
imagine that if you chose to assert your creator's rights to the graphics the
client would be obliged to not infringe on your rights. If the client wants to
copyright the finished program (which would be reasonable) I don't believe you
compromise your rights to the parts _you_ created. In terms of copyrighting
the graphics, I wouldn't bother, unless you could use them for something else
and they were real stunners. While registering copyright isn't very expensive,
if you're doing a bunch of individual images it could be @$50-$75 a pop. I
believe you're covered by common-law copyright from the moment of creation even
without registering.
2. Your friendly neighborhood bookstore should have a selection of forms in
their legal section.
3. Copyright for music, regardless of the format is essentially the same as
in #1. If you didn't create it, have a license from the creator, or know that
it is in the public domain, you run the risk of embarrassing yourself and your
client if you use uncleared music.
Hope this helps.
–Don. (A Video Vet)
Don –
Thanks for your reply. Your disclaimer is well taken 8^].
I believe you are correct about the common law copyright, and perhaps that is
sufficient for the simple title screens I'll be creating.
RE MODs… Most of the MODs I have (primarily from my AmiNet CDROMs) have
little or no documentation attached, and no claimed copyright. Does the lack of
a copyright notice mean something is in the public domain? I'm inclined to
think not, but… Any input?
– Rob.. <71212.712@compuserve.com>
RBProductions <cyrano@aztec.inre.asu.edu>
There are many MOD's that have been extracted from commercial and
shareware games, which can explain the lack of copyrights in code, not to
mention the lack of text.
It would be simpler to get someone who makes MOD's to do a couple for you,
or ask permission to use some work they have already done.
-= Vance =- Image Master
Internet: viking@freenet.edmonton.ab.ca
Rob,
<<DISCLAIMER: I AM NOT AN ATTORNEY AND THE FOLLOWING IS NOT TO BE CONSTRUED AS
LEGAL ADVICE.>>
As I understand it, the _absence_ of copyright notice is almost meaningless. I
think the most you can infer from a lack of copyright notice is either
1) the author didn't care about it _at the time_; or
2) the author was ignorant.
Either way, unless _YOU_ know that the music is either in the public domain or
you have clearance to use it, _YOU_ can be stung.
Regards,
–Don.
Don –
I believe you are correct, as my understanding matches yours. As I replied to
another…
> RE MODs, I understand the difference between freely distributable and in >
the public domain… My question is then if no identification exists on > a
given MOD, including no copyright notice, how is one to determine into > which
category it falls? > > I suppose the same could be said for a bootleg concert
recording, > though… It seems the only sure way to protect oneself is to only
use > material for which permission has been reliably and legally obtained… >
in writing!
As others have said, protect yourself – no one else will!
– Rob.. <71212.712@compuserve.com>
RBProductions <cyrano@aztec.inre.asu.edu>
I don't know how loose things may be in the US, but up here:
1) If the end-credits have a copyright in your client's business name, it
means that they have the exclusive rights to all elements used in the
video, with exception to stock graphics, or elements such as music and
sound effects where you pay a licence fee for using them.
The best thing to do is to make sure you get a written agreement spelling
out what both parties expect of the deal, with any options that either
party may want to allow the other party to have.
2) For locating examples or bundles of film and video business forms, go
to your local professional video equipment dealer and ask where you could
obtain the forms. Since they are in the business, they should know.
While you're there, ask if they can help you with your questions about the
law in relation to client's and videographer's rights.
3) Unless you have written permission, even using freely distributable MOD
files may come back to legally haunt you in the future. Most of the best
MOD's originate overseas, so that does reduce the odds of a legal
challenge.
-= Vance =- Image Master
Internet: viking@freenet.edmonton.ab.ca
Vance –
Thanks for replying. What is meant by 'stock graphics'?
Good tip on the forms…
In the (unfortunately) overwhelmingly litigous US, the 'odds of a legal
challenge' are often not worth risking… 8^( I'm not sure, though, how to
contact MOD artists/authors when they only list some pseudonym and no address,
e-mail or otherwise.
– Rob.. <71212.712@compuserve.com>
RBProductions <cyrano@aztec.inre.asu.edu>
Stock graphics are like a personal library that you can use over and over
again in various videos. If you do a logo for the client, then that is a
custom graphic and they would be the entitled owner of it. If it is a
stock shot of yours, you retain the rights to it.
You could try contacting Calle Englund of Sweden. He makes one of the best
shareware MOD making programs for the Amiga, called Quadra Composer. He
should be able to point you in the right direction, if you explain what
you need the MOD's for. He may even have some samples kicking around that
he'll let you use.
His E-Mail is: c92caren@und.ida.lu.se
There are others who can be contacted, but you can start with him.
-= Vance =- Image Master
Internet: viking@freenet.edmonton.ab.ca
Vance –
Valuable tip RE Calle Englund… is Quadra Composer a package loosly similar to
SuperJam? Commercial or Freely-distributable?
– Rob.. <71212.712@compuserve.com>
RBProductions <cyrano@aztec.inre.asu.edu>
Quadra Composer is a shareware program with really impressive features and
the best 2.x-3.x compliant GUI I've seen yet for a MOD maker. All of the
features are moduled into windows on QC's own screen. Calle Englund is
only asking $20 US for the registered version. It comes with its own
distributable player. I'm not sure it CompuServe has the program, but it
is a popular program.
-= Vance =- Image Master
Internet: viking@freenet.edmonton.ab.ca
Vance –
A quick run into AmigaFF revealed that there are in fact two versions of Quadra
Composer in the CI$ archives. The latest is 2.1, as file QUADRA.LHA in
AmigaArts (I missed the section name/number… Autopilot will find it
regardless!)
I'll check it out.
– Rob.. <71212.712@compuserve.com>
RBProductions <cyrano@aztec.inre.asu.edu>
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…
If you are hired to do a job, the work you produce belongs to the entity paying
you. Obviously, you can attempt to make some arrangement with the person with
the checkbook to retain ownership of your work. That is not a normal scenerio,
however, and the employer could easily just go down the street and hire someone
else (most would). From what you describe, you're hired help.
The vast majority of Mod files are freely distributable … that does not mean
they are not copyrighted. If you want to use them for commercial purposes you
need to obtain the permission of the composer or commission someone to create
music for you.
-sja
Steve –
Thanks for your reply. Your points about being hired help are well taken.
Combined with other useful pieces from other replies, I feel much better about
going into this deal.
RE MODs, I understand the difference between freely distributable and in the
public domain… My question is then if no identification exists on a given
MOD, including no copyright notice, how is one to determine into which category
it falls?
I suppose the same could be said for a bootleg concert recording, though… It
seems the only sure way to protect oneself is to only use material for which
permission has been reliably and legally obtained… in writing!
– Rob.. <71212.712@compuserve.com>
RBProductions <cyrano@aztec.inre.asu.edu>
RE: Mods … contact the author, most mods have the name and email/physical
address contained within the file … load it into a text editor and take a
look.
Steve –
>> most mods have the name and email/physical address contained within the >>
file … load it into a text editor and take a look
Thanks for the tip! BTW, my whole question has become moot (in the immediate
term, anyway) – I didn't get the editing job…
There will be more though!
Cheers,
– Rob.. <71212.712@compuserve.com>
RBProductions <cyrano@aztec.inre.asu.edu>