Bruce Bennett
Forum Replies Created
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Sorry all for the double post, but I thought this might help out Chuck.
Chuck,
I went to your Website and checked it out. I strongly suggest that you don
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Agreed Randall. Flash projects are a huge part of my overall business. “Interactive Flash Sales Tools” are now status quo in the Internet channel/marketing mix.
Bruce
Bruce Bennett,
Bennett Marketing & Media Production, LLC – http://www.bmmp.com -
Chuck,
Over the years (I
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Rennie,
I agree, originators of concepts should get copyright. And believe me, being a director and writer, I really wish it was the case. But unfortunately, copyright is pretty specific and the rules don
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[Rennie] “Advertisements, promo videos, music videos, movies are all like dreams, and who ever 1st conceives the original vision owns copyright. Just because we film it and add our visionary skills in lighting and composition to it’s creation doesn’t over ride the original creators copyright. If we script it, storyboard it, and create the overall concept, then we own copyright. In many situations this is a joint creation between you, the technical creator and the client.”
I think this is an area where many people do not understand what can and cannot be copyrighted. I believe your statement is probably false since ideas, dreams and concepts are not “things” and are NOT considered copyrightable works. My lawyers said that in order for a work to be copyrighted, it MUST be in a form in which it can be reproduced/duplicated. Dreams, ideas and concepts are not “works” — they are dreams, ideas and concepts. The idea or concept needs to be written, sketched, painted, etc. in a physical form that can be reproduced (i.e., script, storyboard). No physical form = no copyright.
This goes back to my original statement that people must understand that composing an image is NOT the same as creating/recording something that is physical (i.e., negative, painting, tattoo, etc.) in which the physical image can be duplicated/reproduced. It must be a “finished work” in order to be copyrighted, and he/she who creates the finished work (not the idea or concept) owns copyright.
Bruce
Bruce Bennett,
Bennett Marketing & Media Production, LLC – http://www.bmmp.com -
What your lawyer said didn
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I find that many people have a hard time understanding what a “copyrighted work” is and what can and cannot be classified as a “copyrighted work.”
Steve Wargo’s lawyer supports my view/understanding of copyright. If you bill for the tape, the client owns the tape. And probably gets the copyrighted, recorded image that comes with the tape. I’m guessing that the selling of the tape implies selling of the image too. BTW: thanks for the tip, Steve.
I believe the analogy of “purchased office supplies” is the same as “purchased copyrighted images” is false. Office supplies are “things” that do not fall under copyright infringement. The packaging design is copyrighted and the things themselves (paper, ink, etc.) may have patents, but the products/deliverables themselves do not fall under the criteria of “copyrighted works.” Copyrights and patents are different things.
From what I’ve read in some of these posts (and please forgive me if I’m wrong) it seems like some people and their clients are confused about the difference(s) between “breach of contract” and “copyright infringement.” As I stated earlier in my post, I believe the client needs to have a “Work for Hire” agreement/contract signed in order to obtain copyright from the artist who recorded the image. Having a “Work for Hire” agreement/contract allows you to sue for “breach of contract” vs. copyright infringement. If the Work for Hire states that the client owns every single thing, then they will own every single thing when you sign it. If you don’t deliver what you say you will, then you have breached your contract.
Copyright infringement is a federal offense and requires federal courts to process. Breach of Contract can be processed as a local/state offense, and thus does not have to go through the federal court system. It’s A LOT easier to sue for breach of contract than it is for copyright infringement. Get contracts so that you can go through your local courts vs. the federal court system.
Once again, these are all just my opinions.
Bruce
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Dorit,
My understanding is quite different than those who have posted replies so far. This same question of
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Hi Nick,
This same question of
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[beenyweenies] “I am always wary of the print/web/plumbing company that “now does video,” they never know what the hell they are doing.”
Brendan,
LOL. You’re exactly right (and so is David). Such companies rarely have a clue on what real, professional quality video costs. Like years ago, I find that a lot (not all mind you) of Website design companies respect video like yesteryear’s brochure print designers.
An exagerate quote that I’ve heard too often: My son has a Best Buy video camera just like your $90K DVCAM camera package and a Mac just like your $120K Avid non-linear system, so we hired him instead of hiring you. (But you’re welcome to call on us next year).Bruce
Bruce Bennett,
Bennett Marketing & Media Production, LLC – http://www.bmmp.com