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Owning the raw footage
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I have always been of the opinion that if I am hired for a shoot, the client is paying for the work, they own that raw footage, that’s the product they are buying from me. If I am editing that footage into something, then they are also buying that from me.
Now, rarely do I get asked for a copy of the raw footage, but I would never use their raw footage for another project without permission, because they hired me, they own it. I always keep a copy of the raw, and I let them know that I ahve a copy should anything ever happen to theirs, they like the redundancy.
I have that clearly said in my contracts.
http://www.MediaCircus.TV
Media Production Services
Winnipeg, Manitoba, Canada -
[Chris Blair] “But if I spend hours doing concepting, hours doing location scouts, hours doing pre-visualization and storyboards, then hours setting up, lighting and blocking shots for a production, it certainly has potential value to me.”
Most of us try to bill for that. The value is transferred when the check is deposited.
On some of the more “entrepreneurial” endeavors that have been discussed lately where work is being done ‘on spec’ I think the creating entity absolutely maintains rights.
…but the construction company doesn’t set up a toll booth after the work is done if the state paid them for the road construction…
I don’t think any of us would claim that our work has ‘no value’…it’s more a question of what the client is paying for. That tends to be a much more subjective question.
TimK,
Director, Consultant
Kolb Productions, -
[Tim Kolb] “it’s more a question of what the client is paying for.”
Very true… but a lot of the time a client is paying for use of footage for a specific timeframe.
Out of all the raw footage sitting on the shelves in our archives, probably half or more of it contains “sub elements” that have their own rights-usage agreements… usually on-screen talent. If you hire us to shoot a television commercial or corporate film for your company, one of the things we ask is “How long with this run (or air)?” This is because many (if not most) of the people appearing in our footage are paid actors… principals, extras, and those in between.
If we know a commercial, for example, will only be used for a couple of months, then typically in that situation we would hire that actor with a 13-week agreement (which is usually the minimum). If that company wants to use the footage a couple of years from now… they may own the footage but they no longer own the rights to the performance on that footage… which requires at least another phone call for agreement/negotiations and definitely payment with their agent or management, and possibly their union.
This is one reason we don’t usually do a blanket release of all footage rights to a client.
Just owning the physical tape isn’t always enough.
T2
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Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com
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[Todd Terry] “they no longer own the rights to the performance on that footage”
One exception to this that’s worth noting, on PSAs (Public Service Announcements) I believe that the standard is that talent fees are a one time “buy-out” so that the talent does NOT get paid over and over in recurring cycles. At least that’s how it was with AFTRA/SAG talent in my previous life of putting things on the air.
“Some people say that I’m superficial. But that’s just on the surface.”
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It depends on the gig. With some performances, such as certain corporate films, or say a performance that plays as part of an attraction at an amusement park, for example… there are certain AFTRA/SAG designations that allow for a performance buy-out… you pay for it, you own it.
By and large, for anything broadcast as part of a signatory project with union talent, then there are specific time usage limitations.
I’ve personally never heard of the PSA exemption… but it’s certainly possible… the union regs are so convoluted that it’s definitely a possibility. And I’m betting you could call five different locals and get five different answers to that. None of the union offices seem to have a clue as to how things work, outside of the NY and LA locals… and often times not there, either.
T2
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Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com
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Perhaps it’s my proximity to the Washington DC local AFTRA (third in size behind NY & LA). Over the years there have been so many jobs for the government which required a buyout. And doesn’t THAT just bring this whole thread full circle to where it started out?
“Some people say that I’m superficial. But that’s just on the surface.”
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I’m with you Scott – UNLESS there are some circumstances which require a different approach.
Like I said earlier, “If they pay me to shoot it, they own it.”
This statement does NOT cover talent issues, creative files, music or any other “accessories”. It the raw footage only.
Steve Wargo
Tempe, Arizona
It’s a dry heat!Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .Ask me how to Market Yourself using Send Out Cards
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[Todd Terry] “By and large, for anything broadcast as part of a signatory project with union talent, then there are specific time usage limitations.”
Yes, of course there are other circumstances that would limit the latitude of the production vendor and the client. The client can’t use SAG talent longer than the agreement allows…and obviously the production vendor can’t re-use anything that shows any client confidential intellectual property…all protected by agreement in advance in any production project that is set up by pros.
I think most of us understand what we’re speaking of here. we aren’t talking about violating SAG rules or breaching intellectual property agreements.
We’re talking about who footage of the client’s retail product, or a generic forklift shot in the warehouse, (or any other image that has no other obvious contractual limitations outside of the client paying for every hour the production crew spent acquiring the image and any supplies expended) belongs to once the invoice is paid.
Lots of reasons for opinions on both sides…
TimK,
Director, Consultant
Kolb Productions,
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