-
Covering One’s Behind
-
In a similar story to Ned, I worked at a facility which did a video for a corporate even that used copyrighted music without license (not my project luckily). The excuse was that it was a one time showing and wouldn’t be distributed. Apparently one of the company’s employees was let go shortly thereafter and managed to procure a copy and presented to a lawyer who saw the dollar signs.
-
[Ned Miller] “your friend should download a generic Letter of Indemnification and have them sign it.”
The thing is, that doesn’t work.
I can’t borrow my buddy’s car, get a ticket for speeding, and tell the officer “It’s ok, it’s my friend’s car and he said I could speed and he’d take the heat… I even have a note from him.” Guess who gets the ticket? You do.
If anything, the Letter of Indemnification simply proves the editor knows he was doing something illegal. Then you can’t even beg for mercy by pleading ignorance.
T2
__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com
-
Starting to recall how I learned about Letters of Indemnification:
The reason I demanded the Letter of Indemnification:I agreed to their request because it was a ONE TIME SHOWING for a modest size meeting. Well, the president loved the video so much he said, “Make 100 VHS copies and send them to all our retail outlets.” I naively bring the beta master to the duplicator, fantasizing about how to spend the extra $500 I just made on VHS dubs (remember those days?) and the next day I get a call from the duplicator and they want to see my licensing paperwork for the music and footage of major movies so they won’t get in trouble. Otherwise I would have to sign a Letter of Indemnification and my response was, “What’s that?”
So I made the dubs myself three at a time. Here is the famous case I alluded to in my post regarding the famous ASCAP vs Amway case that taught our industry to not do this anymore:
https://www.amquix.info/aus/riaa.htm
And I also know from experience: Don’t use Elvis impersonators!
Ned Miller
Chicago Videographer
http://www.nedmiller.com
http://www.bizvideo.com -
But Todd,
When I sign a contract to produce a video for a company, a contract that is drawn up by the client’s legal department, there is usually an Indemnification Clause in there, so when I sign the contract I agree to pay all the legal expenses that they may incur defending themselves. By having that clause in there does not mean they are planning to do something illegal. So I don’t understand the point of your post, maybe an attorney could chime in.
I think we being prod & post people, we don’t understand what the original poster’s friend needs to do to protect himself if not a Letter of Indemnification. I’ll ask the next attorney I run into, I mean meet, never would want to run into an attorney…
Ned Miller
Chicago Videographer
http://www.nedmiller.com
http://www.bizvideo.com -
[Ned Miller] “By having that clause in there does not mean they are planning to do something illegal. So I don’t understand the point of your post,”
No, having that clause does not mean they are planning to do something illegal. But it also doesn’t make it any LESS illegal if they go ahead and do that thing anyway… which apparently the orignal poster’s friend was doing (or at least being asked to).
If an editor has a client sign an agreement saying that the client is accepting the responsibility of securing all rights to footage, music, and any other copyrighted elements and intends to do so before any distribution which would violate the rights of specific rightsholders to those elements… that’s one thing. But if an editor has a client sign an agreement simply stating that the client is responsible for any claims made of copyright infringement, and the editor has them do so with knowledge that a copyright infringement is willfully forthcoming… then that’s another. The client can’t “give permission” for the editor to break the law.
[Ned Miller] “we don’t understand what the original poster’s friend needs to do to protect himself”
That answer is the easy one. If the client does not have approved music clearances in hand, don’t use that music. That’s the only real and absolute surefire protection.
T2
__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com
-
he who pushes the red button is the pirate.
Sometimes just saying no really is the best policy. Heck, I once had a guy want me to pirate the FBI warning off a DVD for his video. lol
I have found just laughing like I thought they were kidding to be a great out.
Reply to this Discussion! Login or Sign Up