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Thread: Copy Right Question Help Needed

  1. Default Copy Right Question Help Needed

    OK not sure if I should post this here but I really need some help on this one.

    A friend of mine has his own production company and asked me if i would video some "Behind The Scene" shots during the recordings of his productions. I agreed and shot that footage on two of my own video cameras i.e. Sony A1E and Nikon D90.

    Now I went in the other day to hand over that footage, but I did NOT like the way that the Video Editing Team was treating me i.e. they were basically like gives us the SD Cards and puke off. I informed them that they needed a fire wire port in order to transfer my hdv footage off my camcorder turns out they did not have the fire wire port. So they were like gives us the tapes (which I did) and now puke off (which I also did).

    Now I sent a text message to my friend and informed him that due to the conduct of his staff I did NOT hand over my Nikon D90 footage i.e. my SD Cards because I did NOT like the way his video editing team were treating me.

    Any way, keeping it short...... He states that the video footage that I shot on both my Sony A1E and Nikon D90 belongs to him i.e. his company. I told him that the video footage of both cameras belong to me due to the fact that we did NOT sign a contract and that they are my cameras and I am the creator of the video footage. To close with I told him that I have erased my Nikon D90 video footage after he said he was going to see a solicitor (not heard back from him since). So can anyone help? As again if I make a "Photograph" as a Photographer then that "Photograph" is my property and I feel that the same would apply in the world of videos too?
    Last edited by Strober; 02-28-2012 at 01:11 PM. Reason: grammer

  2. #2
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    It sounds to me like you didn't even have a verbal contract so you're stuffed.
    Has he paid you for anything? Did he mention payment?

    As for the analogy with the photograph, I'm guessing you're right, but you didn't go far enough. Unless you have release forms signed by him or the material you were filming, I don't think you can use the videos (I'm assuming you were filming his cast/presenters/crew on either his property or property he hired) as what you filmed is not your property (although the images are).

    What would be the point of fighting him using your images? You'd have to prove that it is a cost to you in him doing so. I can't see how those images are worth anything to you, so even if you manage to prevent him using the images, you are still out of pocket (with legal fees)

    I cant see any benefit in getting prescious about it. I'd suggest you walk away and put it down to experience.

    Strange use ofthe word "friend", BTW
    Tim

  3. Default

    Thanks Tim now

    A) I call him friend because both of us still hold no bad feelings about this one.
    B) No he has NOT paid me anything as a matter of fact payment has never ever even came up about this "behind the scenes" thing whatsoever.
    C) Yes your correct the video footage was of property he hired / crew / cast etc.....
    D) I understand that I can't use the footage (Model Relase Forms Required Etc....Etc....)
    F) I said to him exactly the same as what you have said... I have learnt from this and have put it down to experience.
    D) Not fighting him as he can do what ever he wants with the footage that I have already handed over to him. As far as he knows the Nikon D90 footage no longer exists though

    Again thanks Tim for your feedback on this one mate as I do value it I understand that I am the owner of the video footage... but I am just unable to use it


    Quote Originally Posted by TimStannard View Post
    It sounds to me like you didn't even have a verbal contract so you're stuffed.
    Has he paid you for anything? Did he mention payment?

    As for the analogy with the photograph, I'm guessing you're right, but you didn't go far enough. Unless you have release forms signed by him or the material you were filming, I don't think you can use the videos (I'm assuming you were filming his cast/presenters/crew on either his property or property he hired) as what you filmed is not your property (although the images are).

    What would be the point of fighting him using your images? You'd have to prove that it is a cost to you in him doing so. I can't see how those images are worth anything to you, so even if you manage to prevent him using the images, you are still out of pocket (with legal fees)

    I cant see any benefit in getting prescious about it. I'd suggest you walk away and put it down to experience.

    Strange use ofthe word "friend", BTW
    Last edited by Strober; 02-28-2012 at 04:28 PM.

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    Quote Originally Posted by Strober View Post
    Again thanks Tim for your feedback on this one mate as I do value it I understand that I am the owner of the video footage... but I am just unable to use it
    You're welcome, but please do not take this as law. That is what I believe to be the case, but I'm no lawyer!
    Tim

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    To summarise, you agreed to film, but didn't deliver due to the way you were treated. There was no contract and no payment. You were then threatened with legal action.

    Personally, I'd just hand over the footage.

  6. Default

    To be honest with you guys i've been a photographer for the last 5 years and trust me, we (photographers) are always crying about our copyrights so when he was saying the footage belonged to him, I decided to play the copyright game with him. I got the feeling that he was not expecting me to be NOT that clued up on stuff like that. So I decided to tell him that the footage was now erased and I no longer have that property (nb: mine). I said this because I new that he did / could not have a come back for this.

    Don't get me wrong he did say sorry and so did I but I also pointed out that it is the video editing guys that should be saying sorry to him for it was them that cost him the d90 footage. Any ways all down to experience now and i'm out of pocket wiv 2 min dv tapes

    Quote Originally Posted by Marc Peters View Post
    To summarise, you agreed to film, but didn't deliver due to the way you were treated. There was no contract and no payment. You were then threatened with legal action.

    Personally, I'd just hand over the footage.
    Last edited by Strober; 02-28-2012 at 07:30 PM.

  7. #7

    Default

    I think you have done the right thing here . Copyright is a very complicated law ....... full of grey areas
    You could of sort the advice of a intellectual property lawyer for guidance .
    But in this instance it seems walking away and putting it down to experience is a wise choice ....I would of done the same.


  8. #8

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    Quote Originally Posted by Strober View Post
    So I decided to tell him that the footage was now erased and I no longer have that property (nb: mine). I said this because I new that he did / could not have a come back for this.
    You seriously need to be careful with doing things like that, Sure your fine on this occasion but doing that is incredibly dodgy and may be asking for a world of pain depending on the client ( How rich they are for lawyers )
    Even worse, You put it on the internet for all to read. Bad practice to the extreme...

  9. Default

    Thanks, it's good to know that other people are just like me and would perhaps of done the same thing

    Quote Originally Posted by slimbob View Post
    I think you have done the right thing here . Copyright is a very complicated law ....... full of grey areas
    You could of sort the advice of a intellectual property lawyer for guidance .
    But in this instance it seems walking away and putting it down to experience is a wise choice ....I would of done the same.


  10. Default

    Thanks for the heads up.... but if this was truly a paying client then that client would have all that footage sitting on there desk asap. Again thanks for your post as it has been noted and is off value to me. cheers

    Quote Originally Posted by Bpotter908 View Post
    You seriously need to be careful with doing things like that, Sure your fine on this occasion but doing that is incredibly dodgy and may be asking for a world of pain depending on the client ( How rich they are for lawyers )
    Even worse, You put it on the internet for all to read. Bad practice to the extreme...

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