Nestorl
Forum Replies Created
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Video taping of shows with copyrighted music during public OR private events is technically illegal. There is no difference between private and public shows.
The issue is the type of clearance obtained by the show producers. The music used have specific restrictions and in most cases the videotaping for any purposes whatsoever (including personal use) is not permitted unless the producers of the show requested a specific clearance. This applies both to public and private shows.
Does this mean that the music labels will come knocking on your door because you taped your 6 year old daughter performing in a play? Very unlikely!!
But technically the videotaping of events without a explicit clearance to do so
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Hello Greg, The original contract or terms of service determines who owns the Master. Most contracts have a explicit “deliveries” clause that determines what the client is exactly getting (and paying for). If the contract stated that the client would receive 2 masters on Beta SP tapes for example, then they own the master. If the contract stated the client will receive 100 dvd copies and more copies can be purchased for x amount of money, then you own the master. In your situation, you are working similarly to event photographers (think weddings) – where most of their money is made when people purchase prints of the pictures, so they will never give you the original negatives (or now digital files) without charging you a large fee for the loss business.
So it comes down to whether you signed a contract and what this contract says. If you did not sign a contract, then you can argue what was the verbal understanding and demand a specific payment for the loss business. Likely if this goes to small court, you will win.
Cheers, Nestor
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Nestor L. Lopez
Executive Vice-President
Explorart Films
http://www.explorart.com——
Statements presented in the message are statements of opinion only and should not be considered legal advice. Please contact a qualified entertainment attorney. -
David,
Sorry to jump on this topic so late. You got great feedback from the other posters. I just want to ad on issue that applies to your case. Did you sign deal memo or a work for hire release? If you did, and the credit is not included on the deal memo, then there is no legal issue but instead will be an ethical fight. However, if you did not sign a work for hire release, then you as one of the creative forces behind the documentary (as are the director, composer, dp, and writer) own the copyright of the work. This is the most common mistake made by producers not familiar with copyright law. Unless you explicitly waived your copyright claim to the project, you have copyright claim to the entire project and any D+ attorney would be able to place an injunction against any and all future distribution of the film.
So hopefully it will never get there, but it is always nice to know that you have this weapon just in case. Cheers, nestor.
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Nestor L. Lopez
Executive Vice-President
Explorart Films
http://www.explorart.com——
Statements presented in the message are statements of opinion only and should not be considered legal advice. Please contact a qualified entertainment attorney. -
Carlos, I would strongly recommend to avoid the DIY route to distribution; especially when it comes to the educational market. Schools and Universities purchase 99.99% of their media through established distributors and the room for independent producers trying to sell directly is very limited. Instead, seek a distributor that likes your doc and specializes in your genera and you will see more rapid and lucrative results. The DIY approach to distribution is expensive and a lottery game
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Allen, I am sorry. My last post was not intended to question your position on copyright at all. The simple fact that you are asking questions is evidence enough that this is important to you. I am glad you found that thread useful and I apologize if I offended you in any way.
I wish you the best of luck with your production. Cheers, Nestor.
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Nestor L. Lopez
Executive Vice-President
Explorart Films
http://www.explorart.com——
Statements presented in the message are statements of opinion only and should not be considered legal advice. Please contact a qualified entertainment attorney. -
This is the thread.
https://forums.creativecow.net/cgi-bin/new_read_post.cgi?forumid=17&postid=855752&pview=t#head
One last thing, the school may say they have a license, or they have a blanket license, but most times this license does not apply to video taping, and often not even to synchronization (as needed for a dance recital). You are completely within your rights to request a copy of the license for your records. Blame it on your attorney “If I don’t get this my attorney may get very upset with me.”
But you know that there is a significant possibility that the school may simply choose to work with someone else that gives them less trouble about this ‘picky legal things’, and unfortunately there are many videographers out there who would do it without regards for the copyright issues. Assuming the school does not have the license (and will not get it), whether or not you take this job has much to do with how much you need it and what is your stand on copyright issues.
Nestor.
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Nestor L. Lopez
Executive Vice-President
Explorart Films
http://www.explorart.com——
Statements presented in the message are statements of opinion only and should not be considered legal advice. Please contact a qualified entertainment attorney. -
Allen, there is a recent discussion about a similar situation
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Hello,
We don’t do wedding videos, but I did recently get married :-)… You should contact local wedding planners and introduce yourself. Let them know that you want to looking to do a few weddings for free. Good planners have a wedding per week from March to October, they will also be your main referral source, so be nice, polite, professional, and always give them a bit more than what they paid for and they will always come back to you.
Also, build a website and place ads on wedding sites like http://www.theknot.com. You should also consider placing ads and flyers on non-competitor wedding vendors that may have a bulletin board (flower shops, etc). Most metro areas also have wedding/bride fairs or expos where local vendors come and have a table advertising their services. Check if there is one in your area.
I hope this gets you started.
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Nestor L. Lopez
Executive Vice-President
Explorart Films
http://www.explorart.com——
Statements presented in the message are statements of opinion only and should not be considered legal advice. Please contact a qualified entertainment attorney. -
Mccaincow,
Unless I misunderstood some aspect of this situation, the case is relatively clear. The play is copyrighted material and the school obtained a license to perform it. However, this license (contract) explicitly stated that the license did not include rghts for video taping of any kind. Regardless of what the school originally told you, you recorded copyrighted material without a license to do so. That is, neither you nor the school obtained the necessary permission from the copyright owner to videotape the play,thus any such videotaping can be considered copyright infringement.
Unlike others have suggested, there is no
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Hello Sterlin, I