Copyright release

[Walter Biscardi]

[Miodrag Ristic] “A client that I recently did a job for, asked me for the quote for a similar job,
but asked me to include a master on a DV tape as well.

Is this normal, today, that they expect a DV tape master or should
I charge them an extra fee for that (in terms of loss of future revenue)?”

You client hired you so I assume they own the materials, unless you have a specific contract with that client that gives you full ownership of the materials. All of our projects involve tape masters, that’s normal for this business, not something out of the ordinary.

[Miodrag Ristic] “Alternatively, should I anyway print my copyright warning on the tape
just in case they decide one day to chop parts of my work for whatever reason
that might be? No extra fee in this case apart from normal charge for Print to Tape.”

Again, who owns the materials? You or the client. If you were hired for a specific job for this client, then they own the materials, whether or not you created all the elements. Case in point, I create animations for the show “Good Eats.” We create all original characters, original artwork and deliver the finished animation. Food Network owns the copyright on all those materials, not our company.

Unless you have a contract that specifically lists you as owner and copyright holder of all materials, it is always assumed the client who hires you owns all of those materials.

[Miodrag Ristic] “What are the rules today? Never delivered any job except on a DVD.
I think I’ve read on this forum and similar ones, that many deliver master on a DV tape or Beta.
Do you guys charge extra for that, does this waive the copyright rights…?”

Mastering to tape is the normal mode of operations for post production. There are no “rules” governing this, the client dictates the work to be performed, you perform it and they own all materials.

We do have a business forum here on the Cow and that would probably be a better place to discuss this topic.

Walter Biscardi, Jr.
https://www.biscardicreative.com
HD Editorial & Animation for Food Network’s “Good Eats”
HD Editorial for “Assignment Earth”

“I reject your reality and substitute my own!” – Adam Savage, Mythbusters

[Miodrag Ristic]

Thanks for responding.
It make sense. I feel better now, knowing it’a a standard practice.

Mick

[Michael Sacci]

If I’m handle a project from recording to mastering the norm is the client owns all the raw footage and gets a master(s) of the final edit. All the project files such as the FCP, AE, Livetype etc. are mine and they would have to pay extra for them. But the only time I was ever asked for them was by a client I was glad to never work with again and just gave it to them.

But if I hire a freelance editor or graphics person I normally get the project files from them if they do the work off site, but this is known by them at the start of the job.

[Ernie Santella]

To add to this… I always lay off and library my audio tracks as seperate elements too. I’ve had a number of corporate clients come back later and want a Spanish or French version created. This way it’s a breeze to re-mix the show with a new narrator. And, of course, I charge for all that and always look like the hero.

Ernie Santella
Santella Film/Video Productions
http://www.santellaproductions.com

[Clint Fleckenstein]

The best way I’ve ever heard it put was that the client owns the video, not the tape it’s on. If they want a master tape, bill them the reasonable amount for the videocassette and the time it takes to dub it. Don’t try to screw them, just try to recoup what’s fair. If they hire out this kind of work frequently, they’ll be used to a duplication charge.

Clint

[Chris Poisson]

This can be a touchy subject, although I have not had to test any of this issue in court, but here’s how I understand copyrights.

When you are an employee or under a work-for-hire contract, the client owns everything. This can be touchy because a lot of clients like mine put work-for-hire language in the small print on a purchase order, which, by excepting, you agree to, whether you sign it or not.

BUT, and this is a big but, if you are hired by verbal agreement, and no paperwork regarding rights is put forward or signed, the client has the right to use the material for the intended use, and that’s it. You own everything. No amount of dubbing, duping or turning over tapes makes a dent in your rights. You can re-sell the work, or put it up as stock, whatever. Course in this situation there may be other rights that need to be considered, like talent, location fees, releases etc., and whether or not you want to piss off your client, but the work is yours.

I’m not a lawyer, but I had in my ad days an Intelectual Property law firm for a client, and I checked these statements with another copyright lawyer I know.

Funny, but despite the law, I have never had a discussion or conflict about this with any clients, I guess the unwritten laws of trust apply pretty widely in our biz, but it’s good to know the facts just in case…