CompuServe Thread

#Video Virgin

17 messages in this thread
#45118From: Robert PigfordJan 10, 1995 10:03 PM
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>
#45119From: Don MaynardJan 11, 1995 1:45 AM
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)
#45131From: Robert PigfordJan 11, 1995 7:51 PM
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>
#45133From: Vance SchowalterJan 11, 1995 9:01 PM
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
#45237From: Don MaynardJan 17, 1995 4:18 PM
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.
#45285From: Robert PigfordJan 19, 1995 11:32 PM
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>
#45121From: Vance SchowalterJan 11, 1995 11:53 AM
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
#45132From: Robert PigfordJan 11, 1995 7:51 PM
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>
#45134From: Vance SchowalterJan 11, 1995 9:01 PM
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
#45154From: Robert PigfordJan 12, 1995 10:30 PM
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>
#45159From: Vance SchowalterJan 13, 1995 12:48 AM
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 $20 US for the registered version. It comes with its own distributable player. I'm not sure it CompuServe has the program, but it is a popular program. -= Vance =- Image Master Internet: viking@freenet.edmonton.ab.ca
#45208From: Robert PigfordJan 15, 1995 8:05 PM
Vance – A quick run into AmigaFF revealed that there are in fact two versions of Quadra Composer in the CI$ 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>
#45147From: Stan ShumlickJan 12, 1995 3:16 PM
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…
#45128From: Steve AhlstromJan 11, 1995 6:47 PM
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
#45155From: Robert PigfordJan 12, 1995 10:30 PM
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>
#45158From: Steve AhlstromJan 13, 1995 12:26 AM
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.
#45207From: Robert PigfordJan 15, 1995 7:49 PM
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>