Spike Allibone
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Forgot to mention!
We are in the UK. Makes a difference, as copyright law is quite different in the States and elsewhere.
If you hate copyright – go to Russia apparently!
Spike Allibone
Managing Director
Night Train Productions Ltd.11 Dublin Street Lane South, Edinburgh UK EH1 3PX
w: https://www.nighttrain.co.uk/ -
Prepare a document with the quotation that you hand to anyone that hires you.
In it state that you own all footage unless otherwise agreed (because you do) Quote the cost – and add a different cost for a buyout (watch for re-sale clauses etc – perhaps a chat with a copyright lawyer wouldn’t go a miss – he’ll bill you though!) In any case, it is a good idea to be clear on this stuff before you get the camera out the bag.
FYI My previous post on this matter might be worth a read. Basically if you don’t do what I’m suggesting here, you STILL own this footage unless your client makes you sign something to the contrary. All TV & prod cos should be wise to this now and make you sign something first. IE They should be prepared to pay your buyout rate straight away. If nothing is signed in any direction you can, if you want go to a lawyer and issue a “cease and desist” kind of thing, and hand it to anyone who is selling your footage on. You will succeed in stopping your problem until a settlement is reached. There is a difference between suing someone and warning them.
In the future, if a client asks you to sign their doc instead this is at least good because this brings ownership out in the open and you can attach a price to it. If they don’t bring anything out at all then you basically have the upper hand. And there is nothing to stop you both signing each other’s (provided of course they agree!).
Do sort this out – it ‘s the most professional thing to do. Anyone ignoring this issue now can easily be seen as a sloppy operator.
Why not try sending those tape guys a repeat fee invoice? They are wrong when they say you don’t own it. You do.
Spike Allibone
Managing Director
Night Train Productions Ltd.11 Dublin Street Lane South, Edinburgh UK EH1 3PX
w: https://www.nighttrain.co.uk/ -
Watch out guys! Here is the gen from Night Train.
If you didn’t make the cameraman sign a release form, then it is actually this person that owns the footage since he (or she) is the artist behind the lens. We know this because we have fallen for this one in the past – and it came to legal blows!
Obviously, as far as the client is concerned, you, as the producer of the whole piece owns the footage – and this is correct since the cameraman worked for you. So, provided you sew up the deal between you and the crew by making them all sign a doc that releases the rights of the work to you then you are home and dry and have the right to do a deal with your client. And basically make this a rule that everyone on any project in the future signs one. Gotta be like this now.
It doesn’t matter what the client paid for – if there is no documentation allocating ownership of the footage to them then you own it. It is the same intellectual copyright law that applies to photographers and other artists.
If you give to them without restrictions there is absolutely nothing to stop them taking it to another prod co for further editing. One may be chilled out about such things in certain circumstances, but you should at least know the official line. I know I am right – coz we’ve seen what can happen!
To save on legal bills, try and “steal” a release form template off the web – or mail me and I will see if I have any ready to go generic text for this purpose. It is a fairly standard doc.
Regards
Spike
Spike Allibone
Managing Director
Night Train Productions Ltd.11 Dublin Street Lane South, Edinburgh UK EH1 3PX
w: https://www.nighttrain.co.uk/