#Who has the rights?
9 messages in this thread
All
I need to know who has the rights to footage. The person who owns the tape it's
shot on, the person who owns the camera it was shot with or the person who did
the shotting ??? Who must you abtain a release from ???
Andy
Just to jump in for a moment… If its anything like photography, I would
assume that it is the person that shot the
footage. In photography, it doesn't matter how owns the film, or who owns the
camera, as a matter of fact, it
doesn't even matter who setup the shot. Its the one that clicks the shutter
that owns it. However, this may be
something specific to photography, since there is a separate section of law
that outlines this.
Stephen Faust
-< Dynamic Images Inc. Compuserve 71513,3021 >- 08-Feb-1995
It depends upon who paid for the footage to be produced. Unless you've a
contract with the person/company who hired you stating that you retain rights
to footage you took while under their employ, it belongs to them. In other
words, if you don't have a signed contract that specifies the details, and you
were contracted perform a service, it's theirs.
-sja
I want to obtain the rights to certin footage. I have the footage but need the
rights and there's three different people involved. It should'nt be a problem
but I want to protect myself without paying three people for the rights.
Andy
>It depends upon who paid for the footage to be produced. Unless you've a
contract with the person/company who hired you stating >that you retain rights
to footage you took while under their employ, it belongs to them. In other
words, if you don't have a signed >contract that specifies the details, and you
were contracted perform a service, it's theirs.
sja,
Do you get this information from copyright law, or is this response based on
a 'work for hire' type arrangement? I know with the
corporate work I do, I always assign the rights to the client, since I
usually have to sign a non-disclosure agreement anyway due
to the sensitivity of the information. However, I am not a freelancer, nor a
employee of the company, so things may be different.
How does this relate to an author who sells his book to a publisher. Usually,
the author retains the copyright, even though the
publisher puts up all the money for materials, assembly, distribution, etc. A
photographer owns the copyright, no matter who pays,
setups, or publishes, unless he assigns the rights to someone else, or enters
into a 'work for hire' agreement. Since this seems to
be the default for creative work, I am curious why this differs in video?
Steve
Stephen Faust
-< Dynamic Images Inc. Compuserve 71513,3021 >- 11-Feb-1995
In work for hire (contracted) situations the rights belong whoever is the
better negotiator. If an employee, anything created at work (and many times on
their own time) belongs to the employer.
>> In work for hire (contracted) situations the rights belong whoever is the
better negotiator. If an employee, anything created at work (and many times on
their own time) belongs to the employer. <<
I realize this, as I have entered 'work for hire' contracts in the past.
However, 90% of the work I do is contracted, but not 'work for
hire' in both video and photography. The contract is usually a description of
the work to be performed, under what conditions, and
for what cost, as well as the responsibility of each party. I am rarely asked,
either in person, or on their contract, to enter into a
work for hire contract. Under the law, unless you are an employee, this has to
be spelled out in the contract to a work for hire
status to be granted.
Under law, in photography, without a work for hire clause, the rights default
to the photographer.
Under law, in video, without a work for hire clause, the rights default to
?????.
Thats by basic question…
Stephen Faust
-< Dynamic Images Inc. Compuserve 71513,3021 >- 14-Feb-1995
PMFJI
>> Under law, in photography, without a work for hire clause, the rights
default to the photographer.
FWIW the same is true in the computer software business. If you're not an
employee and there is no work for hire clause its yours.
The safe thing is to probably make ownership explicit in the contract…
Bob
>> PMFJI
>> FWIW the same is true in the computer software business. If you're not an
employee and there is no work for hire clause its >>yours. The safe thing is to
probably make ownership explicit in the contract… Bob
Thats currently what I do. Was just curious what the law states, and if it was
different that most authorships..
Thanks..
Steve
Stephen Faust
-< Dynamic Images Inc. Compuserve 71513,3021 >- 15-Feb-1995