Who owns video that was shot?

[Walter Biscardi]

As far as I’m concerned, whoever paid for the video production owns the video footage. Plain and simple.

Especially when you’re talking about something like a training program. I’m assuming this person hired you to shoot their training program? Or the company that brought in the trainer hired you to shoot the person and his program?

You’d be open for a lawsuit if you tried to distribute that footage of the training session without authorization from the person and / or company that owns that training materials.

Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.

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[Rick Pearl]

We are going to create some training videos and I am not being paid upfront. The idea is to share % of the future sales, though we have not yet discussed specifics.

The person delivering the training videos is the face behind the training, and I am spending all the time producing the product and helping create the scripts, etc. My concern is that if our idea does not take off, I will have spent all the time producing the videos and somewhere down the road he may sell them…I know this could all be settled with a good lawyer, I have not gotten to the point yet of making the commitment to the project, so I am just exploring the possibilities. What do you think?

Thanks!

[Don Greening]

I was recently hired to do a 1 min. commercial for the local Welcome Wagon franchise. I have a copy of that commercial on my web site but I didn’t put my watermark on the video. I put theirs on it.

– Don

[Walter Biscardi]

[rick pearl] “We are going to create some training videos and I am not being paid upfront. The idea is to share % of the future sales, though we have not yet discussed specifics.”

If you don’t have a signed contract that spells everything out, do not do any work on the project. Any deal like this requires everything to be spelled out before you ever roll one second of tape.

If you have already shot material, and you have not been paid, then you have every right to hold on to that material until you are paid a fair compensation. You can’t just go out and sell that footage to someone else, but you can certainly hold on to the original tapes and not allow the other person to do anything with it either.

Anytime someone wants to get the video production for free in exchange for a percentage deal, that needs to be worked out with a signed contract in advance. Much more often than not, these deals do not generate enough income to make your time worthwhile. Most of the time, there is zero return on investment.

Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.

STOP STARING AND START GRADING WITH APPLE COLOR Apple Color Training DVD available now!
Read my Blog!

[Mark Suszko]

Rick, I once had a deal like the one you are in, when I was young and foolish, and I would say never do this kind of deal. Not the way you have it structured.

[Brendan Coots]

I couldn’t agree more. Every shoot should have a good solid contract backing it, but especially in situations like this. Make sure that your contract clearly spells out your compensation no matter when, how or by whom the video is sold.

Personally, I won’t touch projects like this with a ten foot pole.

Brendan Coots
Splitvision Digital
http://www.splitvisiondigital.com

[Rick Pearl]

Hi everyone,

Part of the reason I am considering this is because I figure it would be a great learning experience, and a great portfolio piece. However, I have a feeling that he is not so much interested in selling this video by itself, though by having it, it will help with his credibility with other deals he is working on, and somewhere down the road he might try selling it.

Does anyone have any idea where I can see a sample contract that might be used in an arrangement such as this?

Thanks so much for the advice/info!

[John Baumchen]

If you are employed by a company as a videographer, any video you shoot on a company project belongs to the company.

If you are an independent videographer, (self employed/freelance), in the absence of a written agreement between you and the client, YOU OWN THE COPYRIGHT. PERIOD.

In order for the client to own the copyright, there must be an agreement in place that specifically states that the job you are doing for the client is on a ‘Work For Hire’ basis. No WFH clause, it’s yours.

As stated before, it’s always good to have an agreement in place. I never mentioned in my agreements who owned the copyright of the raw footage. I did have one client who wanted a work for hire agreement. I charged triple my standard rate for the job and they were okay with that. As well, I never gave up the copyright to the finished video, unless the agreement stated it. I did give them an exclusive license with unlimited duplication rights after payment was received.

Regarding the training video you shot. If you pointed your camera at it and recorded it with intent of making a copy, you’re most likely in violation of copyright. If it is depicted as part of the background for a 5-10 second shot, I’d be inclined to say you’re o.k.

Here are some good links on the issue copyright law.

https://www.copyright.gov/circs/circ1.html#wccc
https://www.photolaw.net/faq.html
https://www.benedict.com/

Cheers.

[Steve Wargo]

I have found that when co-oping a production, it’s usually a case of the main person putting up their talent as equity and the production company puts up their work and expense for equity. The problem here is that the talent person can decide to walk away from the deal and they are out nothing.

I say split it like this:

Figure out what the production will honestly cost to do.

Subtract your labor. ONLY your labor! NO GEAR!

Split the actual cost with the talent person. This way, you each have a vested interest in seeing the project succeed. I learned this one by having several joint projects just fade away.

It won’t seem fair to the other guy and that’s your cue to walk away.

The original Jane Fonda (traitor bitch) workout tapes were a joint effort of her and her video guy. She had the only product on the market and it was a raging success. Don’t use her as a guide, ever.

If he is confident that it will sell, he will have no problem investing in his own future.

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 .

[John Baumchen]

Sorry Rick,

I re-read your question. I got off on a tangent regarding WFH. Hope it helps someone out though.

I wouldn’t touch this gig without everything spelled out in advance.

As for who owns the copyright to the video, I’d check with a lawer on that one.