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Thread: Copyright infringement issue with produced videos - need advice

  1. #1

    Default Copyright infringement issue with produced videos - need advice

    Hello to all of the members in Digiral director forums.
    As i`m working on freelancer.com recently i had a client who requested video production of 10 videos, advertising USA toll free number. After the videos were produced,client claimed that videos have copyright infringement and refused to release the escrow (milestone). Now we are in the middle of a dispute and arbitration stage will soon come. Videos are 10 x 3 minutes each. In one of the videos there is indeed one picture with sign of copyright - i told him that this is my mistake and i will replace it with something i own. For the other material,used for the videos i have presented a signed statament from the audio/visual distribution company PROPHON , which is the biggest in Bulgaria,that the videos have none whatsoever copyright infringement,and 7 videos i have produced for him are with paid coipyright taxes for commercial distribution purposes.
    One thing that i have may got wrong is that i took footage for the rest 3 of the videos (aprox 30 sec footage total => 10 seconds per each video,other video was bought from PROPHON) from youtube,where as NOt mentioned in the video itself or in the discription that this material is copyrighted. Even if it is (which was not) the law of fair use Fair use - Wikipedia, the free encyclopedia should apply then (that is a question?)

    Other than that,do you have some other advice for me that can be helpfull on how to procede and what other evidence i may attach as potential prove ?

  2. #2
    Join Date
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    I would have thought if you are producing anything commercially the onus wouyld be on you to produce proof that you have the rights to include all the material.

    "Fair Use" does not apply in all countries - only the US and Israel - I'm not sure whether it needs to apply in the country from which you took the footage as well.
    However, even in the US it only applies in limited cases. Advertising is certainly not one of them.

    Copyright exists on all works. Copyright owners may release work into the public domain (or indeed it it will become "public domain" after 50/70 years) or apply some sort of limited release via Creatie Commons. If there is nothing associated with the YouTube clips to say otherwise, you need to contact the maker to obtain clearance. Have you tried contacting the YouTube account holder?
    Tim

  3. #3

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    Quote Originally Posted by TimStannard View Post
    I would have thought if you are producing anything commercially the onus wouyld be on you to produce proof that you have the rights to include all the material.

    "Fair Use" does not apply in all countries - only the US and Israel - I'm not sure whether it needs to apply in the country from which you took the footage as well.
    However, even in the US it only applies in limited cases. Advertising is certainly not one of them.

    Copyright exists on all works. Copyright owners may release work into the public domain (or indeed it it will become "public domain" after 50/70 years) or apply some sort of limited release via Creatie Commons. If there is nothing associated with the YouTube clips to say otherwise, you need to contact the maker to obtain clearance. Have you tried contacting the YouTube account holder?
    Tim,i got in contact with the owner of the video in youtube- he said its ok to use his creative wok for commercial purposes whitout asking for anything - but i guess i need that signed. What type of contract should i prepare for him to sign in order to be legal ?

    Thank you
    Alex

  4. #4

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    Yes looked into this before for myself.

    Like you have done you need to contact the owner and get permission. Signed permission (hard copy) is better keeping the email reply is better than nothing but not sure how would fair up in court.

    Copyright is a mind field for example if someone uploads a you tube video an allows you to embed in your site/blog. They can still get you as infringing their copyright?

    Now if they have allowed you to embed you would automatically think that mean it’s o.k and you have their permission but not in court!!!

    Tread carefully my friend and make sure especially if money changes hands.

    I would contact the owner again and ask about getting written permission..it may piss them off but that is safest.

    I recently contacted a harpist on you tube to get permission to use his performance of Brahms Lullaby .He was flattered and gave me permission so I was pleased and proceeded however my project is a hobby (i.e.) not commercial like yours...... big difference!

    If you are sourcing images from the net never step on Getty Images shoes by the way !!!

    Obviously best thing is use all your own stuff but appreciate in some cases not an option.

    After that buy from reputable stock photo/video sites.

    Or search public domain wiki commons, internet archive , musopen etc etc

    Good luck


  5. #5

    Default

    Thank you for the information. I have one last question - what type of statement /contract should i present to him ? What exacly should i write,and should it be only signed,or personal info of the owner of the creative work to be included ?

  6. #6

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    Not going to bullshit you I don't know .

    Try registering at just answer.com http://ww2.justanswer.com/about-justanswe

    They sometimes have a intro offer (ie) ask 4 question free etc I recommend you ask a intellectual property lawyer for help/advice/.

    Say it costs you 10 - 20 = Worth every penny .

    Reputable site by the way I have used it in the past with great success

    Ask Questions, Get Answers from Experts ASAP | JustAnswer

  7. #7
    Join Date
    Mar 2011
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    Nothing to do with this situation:
    Looking at it from my comfy chair, I wonder what this Job was/is worth (will they ever pay?) - for the sake of peace and quiet, maybe quit while you're (almost) ahead and put it down to experience - and you won't do it again!
    (Sure, easy to say; -it probably seemed perfectly OK at the time)

    For future use you might like to take the route of getting legal opinion - but as this involves Eastern-European countries, that may present a further nightmare.... and is bound to be expensive.
    However, you might find this experience puts you in a good position to advise others, so all is not wasted . . . but in terms of a profitable outcome I sense I'm looking down the wrong-end of a big telescope.

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