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Copyright issue
Hi I was meant to film an lecture event for free but the guy doing the lecture stated that I could only film if I draw up a contract stating that I film on behalf of him with all rights retained by him, no copies, showing etc without permission. Provides 1 copy of DVD with and without editing. Production of DVD but retains all selling and copying rights.” Is this right? I mean I understand if he paid me to film the event but he hasn’t. Im filming it for free as well. I just feel as if I get no say in what I produce or even though I ain’t even paying for it.
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9 Replies
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Seems pretty simple to me. If those are his terms then the “for free” part should no longer apply. Ask for a percentage and when he balks settle for a fat hourly rate.
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Hey Damien,
I’m with Nick on his answer.
But what is not clear: Who is asking you to film the lecture?
It is quite normal for lecturers to be protective of their content. But they don’t often understand that although they own the content, you the camera operator own the copyright to the film. My suggestion is for you to charge for the filming and only ask for being able to incorporate footage and job in your show-reel and your CV.All the Best
Mads@madsvid, London, UK
Check out my other hangouts:
Twitter: @madsvid
https://mads-thinkingoutloud.blogspot.co.uk -
Hi yes it’s the lecturer who has stated this. But wasn’t willing to pay for my time at least. He decided to go with a company that agreed to do that. I had no intention if selling it or using it without his consent. But it just the fact of what he was expecting me to do for free and then want copyright and to to actually evrn create thr DVD etc for him to sell himself. Just didn’t seem right. So he has allowed me to give him an interview after the lecture instead
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He go someone else to do the work. I was just thrown back that he expects me to do it for free if he wants full copyright and to even create a DVD, hand over all raw material and then sell it for himself Dr his own company. I just didn’t get it. He has allowed me an interview him at the end of the lecture
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I can understand the lecturer retaining distributing rights because why pay to see the person lecture in person when you can grab it from YouTube? Wanting you to put together a DVD and whatnot for him to sell w/o any compensation going to you is crossing the line though.
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Sounds like you dodged a bullet, Damien. The guy was over the line asking you to do all this for absolutely no money, and you’re lucky he’s giving his “business” to someone else. Let that poor guy enjoy working with such a client, instead of you.
Now, there is such a thing as a “work for hire” contract, where he owns everything at the end of the day, however, that would imply paying you for doing that work, as well as for giving up any claims or rights. So, when it’s a work for hire contract, you should always tend to ask for more money up-front, since there will be no chance to do anything else with this content later.
In the U.S., as I understand the current law, when there is no written contract, and no proof of what the oral contract was for, a court will rule that the customer gets the finished product he paid for, but not the raw materials you created by shooting with your camera. You get to retain that material. However, that is no cause for celebration, since though you may own the original materials, you can’t sell them to anybody else or make money off of them, without the permission of that original client. Stalemate, in other words.
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Wow thank you so much for this… All of your comments so far
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And here is an oldie-but-a-goodie https://library.creativecow.net/lindeboom_ron/clients_or_grinders/1
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charge him your day rate and sign it.
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