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Production Waiver?
As noted below w/my copyright question I’m having an issue w/client over whether something is a Parody or not. I contend it isn’t & agree with advice below that use of the Shakira Song in a commercial without a license is a copyright violation period, parody or not.
Having said that – are there any examples of Waiver Agreements available that I can use to have all material I produce signed by Clients to accept all resposibity for the content & accuracy of their ads?
I do not have any creative input with these and am merely taking footage, making graphics and editing all to the clients specifications.
I think it would be prudent to have a waiver agreement in which the client assumes all responsibility for the material and indemnifies me of any resposibility of the content in the ad.
I do think when he attempts to use this commercial it will be rejected by the cable/TV company (if they don’t I want no liability with this).
Thoughts? Examples?
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2 Replies
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https://www.centerforsocialmedia.org/resources/fair_use/
Us that link and print out the pdf. Have your client read it – the key is this: is the use in a parody or in a commercial using a parody?
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It’s kind’a hard to say that it’s not for commercial use if it’s used in a commercial…
But, I’ll have good news for you in a moment….
“I think it would be prudent to have a waiver agreement in which the client assumes all responsibility for the material and indemnifies me of any resposibility of the content in the ad.”
An imdemnity would be absolutely worthless in court if the copyright owner wanted to press a case against you. You are the professional videographer – you are the presumed expert and you would be expected to know the law regarding copyrights. Not your client.
But, I wouldn’t worry. If the client signs an indemnification, you could probably get him to pay for your lawyer. But, here’s the good news, it will never happen.
You’ve done your due dillegence and told the client the risks of using copyrighted material in the commercial. He insists on proceeding, so do the work and take the money. The first thing the cable company is going to ask for is the rights book. This is the collection of all the model releases from the actors in the commercial and any non-participants who could be recognized. Property releases if the commercial is taped in a recognizable private property location, and finally the licenses for the all music heard in the commercial.
You see, the cable company needs to cover their collective ass also because if they air the commercial without all the rights and licenses on file, they could also be sued. Guess who has the deep pockets?
Now, are you ready for the ultimate irony? It’s perfectly legal for you to use the commercial in a demo tape for your business. (Just don’t put it on the web because that’s considered public viewing which would be a copyright violation).
Steve M.
Stephen Mann,
MannMade Digital Video,
San Jose, CA
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