Randall Raymond
Forum Replies Created
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[weymar bozo] “Just my 2 cents that doesnt work in court. The best way is to spend the money and copyright it. Then again I am not sure concepts can be copyrighted.”
Practically, anything can be copyrighted – for $35, they are not checking for originality. The synopsis (concept) for a movie can be copyrighted. Most people don’t go public with their concept ideas – for good reason – they get stolen.
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[Bruce Bennett in Madison, WI] “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.”
A ‘finished work’ can be a single sheet paper describing the idea or concept and that can be copyrighted. A patent is not all that different, whether or not it sees production.
If a screenwriter uses the idea to create a script – another copyright is created. If produced, another. But if the concept guy is not paid, neither copyright is ‘clean.’
An old trick for protecting a concept was to have it notarized, put in a sealed envelope and mailed to yourself and left sealed until the day you need it in court. (Better than an NDA)
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[Steve Wargo] “Here’s what the lawyer said: If I shoot a job for Xerox, I own the copyright to the images. They own the rights to use the images forever and into perpetuity. I do not own the rights to USE the images, only the copyright of the images.”
OK. But obviously, their rights of use don’t extend to what doesn’t exist. Your place burns down after the completion and delivery of the production they hired you for – now what? “Owning the rights of use” is not ownership, otherwise your fire is really going to cost you. The content producer owns the copyright AND the rights of use which he grants only to the client. If that weren’t the case, archiving anything for a client would be a time-bomb.
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[Nate Graham] “While we’re on the subject of cancellations and contracts . . . I was wondering if all y’all wouldn’t mind listing some of the items that you’ve been sure to include in your contracts (i.e. cancellation fees, etc).”
“If it rains, you lose and I get paid?” You’d have to be a huge name in the industry to get that approved. A real prima-donna. Let’s get real. A big client or agency wants a team player. Experience has taught me that when you do a bang up job, they will pay for a rain out…because you’re on the team. i.e. you’ll know when to ask for the tack on…they want you back because you’re friggin’ brilliant.
Comprehensive contracts only point out a lack of confidence…not some sort of amazing astuteness and foreknowledge. “If it rains beyond 11:01am of the day of the shoot…and by rain, we mean a precipitation level of beyond …and by precipitation, we mean rain, hail, snow, frogs or any material organic or otherwise falling from the sky… ”
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[avantis] “Perhaps this is the essence of my question: What happens after I win in small claims? What legal document or authorization do I need to comfortably use my masters?”
You would have the judgment against them. If you make it clear to the judge that in lieu of payment you wish to have the rights to the music revert back to you – he may grant that in the judgment.
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[Mark Suszko] “But the music can be re-sold and perhaps make back more than the outstanding amount.”
You’ve hit the nail on the head, Mark! There it is – that puts the proof back on the offenders. They won’t have a leg to stand on.
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[Mark Suszko] “So how clever are they, and are they more greedy than clever?”
Great music can’t save a crappy script – were there zombies in it? Just guessing…
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[TerryAdrian] “Will this put the video a bit out of proportion though?
t.”No, not at all.
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[John Davidson] “We’re the little kids caught between divorcing parents”
You’re caught in a strike. The moral/economic conundrum is the issue. It’s always been that way in every strike. They want to bust the Writer’s Guild. Join them or fight them. They are counting on you being a self-interested ‘neutral party’ until they send all your AE work to China or India and their insistence that you ‘work’ with them.
Once they bust the Writer’s Guild, they’re out to bust you.
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[TerryAdrian] “1.3333 (HDV 1080)”
Change that to 1.34 pixel ratio. or 1.3340 – that seems to resolve the math…