Seth Bloombaum
Forum Replies Created
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Kyle,
In the absence of a license copyright law favors the creator or author. Additionally, it is common practice in many creative industries for the creator to only license imagery used in the final production. Copyright heavily favors the creators and authors, that’s our system in the U.S. It used to be different.
Kyle wrote:
The buyer contacted him and he produced a video, as Tim pointed out earlier that is going to fall into the work for hire. The fact there is not a written contract makes things more difficult, but a verbal contract is just as binding in court, just more difficult to prove.Sure, an agreement is an agreement, verbal or written. But Todd has a different sense than the client of what that agreement included. If there is information that would suggest that a verbal agreement included source materials, then sure, it could be binding in court.
Here we have a handshake agreement with two parties with different expectations as to what was included. From my understanding, guidance from copyright law is clear: It is only a work-for-hire if there is an agreement saying so, there is no assumption that it is a work-for-hire.
Whether it is good or strategic for Todd to take that guidance is a separate issue.
Typically, my written agreements specify that materials created for the project belong to the client. That would not include intermediate materials (client gets footage, not an EDL). But that’s not the only way business is done.
I’m not an attorney, and anyone who is writing contracts and licenses ought to consult a lawyer with experience in these areas, not advice found on the internet.
SB
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Well, yes, copyright law does favor you.
Tim makes a good point, however, there’s being right, and there’s being dead right.
The real question is, what do you want out of the upcoming negotiation? How do you feel about the compensation you’ve received so far? (have you been paid?) Do you want to do work for this client again? Would you have given over the source materials at no additional cost if it had been negotiated up front? Is there some value to you in the raw footage and materials? Are you offended that your client wants source materials that could be used by someone else? Would you want first-refusal on future work with these materials? Do you have any concerns about what this client may say about you to others if they feel they’ve been treated unfairly?
It will really help in your discussions with the client for you to get as clear as you can get on what your interests are.
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ummm… is there a question that has been asked more often than this one? Do a search of the forum archives.
Of course there are several answers – what is your budget?
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Well, I’m not a designer so much as a producer. I want to get a clear understanding up front from the client and any other stakeholders: “What are the criteria for success?” In other words, specifically what must the product be or do to be successful? I’ll refer back to that list during development and before delivery. And there will be a letter or email that outlines how we’ve hit every one of the marks identified by the client.
In developing your list you might also try working backwards – who will touch your work when you are done, and what are their needs?
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Yeah, lavs would be a no-no. A close hand-mic (visible in the shot) or some really close booming with a cardoid or short shot (gotta’ be a tight shot) and you’ll still have ambience but your subject will be understandable.
Headset mic would be the other possibility if visually appropriate. There are a lot of so-so headsets out there, the Countryman E-6 “earset” is truely outstanding and a pretty low visual profile.
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If you added a sound recordist to your team they would have some methods of getting room sound.
This approach depends a lot on the layout of the venue, and where you’re allowed to put your own mics (if the best placement of mics would be to put a 12′ stand in the middle of the dance floor it probably wouldn’t be safe for dancers).
Sometimes, mics can be rigged from the ceiling or otherwise.
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Meet with them!
Sounds like you hope to provide editing, efx and graphics to production houses. You need to do those things that will help them remember you as a credible provider of these services. Meet, show the reel, ask for work, call back a week later, ask how often you should touch in with them, call back at least once every 2 months. Find out who makes the decision on your services, it may be a few people, and make sure each one knows who you are and what you’ve done. Realize that for most people looking to hire you, it’s not about what you can do, but what you’ve done as seen on your reel. On the call backs, ask if there are any new producers or directors who should see your reel, go show it to them. Don’t just send in info, don’t just send in your reel, make a personal impression.
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Tim Kolb wrote:
“Author” rights get a little fuzzy when it’s a “work-for-hire”.Granted.
But is it a work-for-hire? If there is no written agreement, to my understanding there is no presumption that it is a work-for-hire. Certainly I’m not an attorney, but I believe that in the absence of any written agreement copyright law favors the creator or author.
On the other hand, most clients don’t know or care and explaining it to them at the end of the job rarely makes them happy, unfortunately.
Ain’t that the truth! Best policy – no surprises!
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Generally most or all of the digital formats will maintain good sync. As implied above, having reference audio from the camera mic is essential.
You’d probably make a decision based on the audio recording quality of the device and whether it accomodates the type of mic you want to use. My experience with minidisk, hard disk, and compact flash recorders has been great. Frequently, MP3 recorders record at a lower bitrate than you’d like, but I read that many wedding shooters are using an iRiver (don’t know which model).
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Agreeing with Tim’s assessment… also, bear in mind when speaking with the client that in the absence of an agreement, copyright vests in the creator of the materials.
This may be something you discuss with the client – we’re not just talking about industry practices, which may be interpreted differently be different people, we’re also talking about the legal basis of ownership of creative works by their authors.