-
Copyrighted video
Problem I am sure many of you have had… I have a client who is very persistent in wanting to use copyrighted material, i.e. old movie clips and or music, in a video production that will be shown company wide in multiple locations across the USA. I have advised strongly against it, but they are persisting.
Is there any kind of form that I can make them sign that holds their company liable for any content and gets me legally off the hook? It may come down to them going to another shop if I do not agree to put in some of what they want. I think if I had a form like this their legal dept. may step in and go my way.
Thanks for your help!
-
6 Replies
-
You might want to look into the business and marketing forum for more insight into this issue.
“Think of everything in terms of building capacity.”
Kris Merkel
twitter: @kris_merkel
Product Manager, Flanders Scientific Inc.
http://www.shopfsi.com
Co-Founder, Atlanta Cutters Post Production User Group
http://www.atlantacutters.com2.2Ghz MBP core i7
16Gb RAM
CS6/FCP7
AJA T-Tap
AJA IO XT
FSI LM-2461W/CM-170W
-
You are best off calling an attorney to advise whether it is permissible, and, if appropriate, to write a release or disclaimer. Consider passing on the project if current/future incremental revenue doesn’t cover the legal fees.
-
Here’s what the US Gov says about it:
https://www.howto.gov/social-media/video/learn-about-video-copyright
You can never assume someone is not going to go after the client, or you, when you misuse copyrighted materials. Here’s an example which happened years ago, when I was creative director at a small cable station in NH. We had a show that need a theme song, and there was a very good acoustic guitarist who had been on one of our shows. We contacted him, and signed a contract agreement with him that we could use the music for a nominal charge (maybe 100 dollars). Once the show got on the air (bear in mind that this show was in a minor market (less than 20,000 viewers, on a good day) he decided that he should have been paid more, and sued us for 100 thousand dollars. We won the lawsuit, but it took time, and cost thousands of dollars in lawyers fees – and this was with a signed release!
Personally, I would walk away from the client if they could not see the serious mistake they’d be making. You might want to send them a couple of links to show how seriously this is viewed, and how actively the copyright holders are going after people:
That link is about wedding photographers being chased down. One would think it might be a pretty low-profile thing, but once it hits YouTube, it will become a target.
Joe Bourke
Owner/Creative Director
Bourke Media
http://www.bourkemedia.com -
Oh, and if you have them sign a form that releases your responsibility for using the music, it will become patently obvious that you knew about the infringement, and proceeded with it.
Joe Bourke
Owner/Creative Director
Bourke Media
http://www.bourkemedia.com -
Thank you for your comments. They have been very helpful, and I will definitely take your advice.
Thanks!
-
Here’s a bit more info – from an article in the NY Times:
https://www.nytimes.com/2006/05/28/movies/28dutk.html?_r=0
Joe Bourke
Owner/Creative Director
Bourke Media
http://www.bourkemedia.com
Reply to this Discussion! Login or Sign Up