I was recently called as a witness in a lawsuit regarding copyright ans ownership of footage. The largest IP (Intellectual Property) law firm in the state of Arizona handled the case and here is what they said.
If you are a 1099 contractor, you own the copyright when you shoot it. It IS NOT transferrable.
If you are a W-2 employee, your employer owns the copyright.
Now, what does the client own? The client (the one who pays for the shoot) owns to right to possess and to use the footage as they see fit, forever, ONCE THEY PAY THE BILL. The use transfers when the bill is paid. Not before.
So, if someone hires you to shoot their commercial and they don’t pay you, you have the right to legally block the use of the footage.
Also, just because you own the copyright to the footage, does not mean that you have the right to use that footage for anything other than demonstration purposes.
One the footage is paid for, the useage rights belong to the payee and you MUST ask permission to use it for demonstartion purposes.
There’s more but I am going to stop right there.
This is merely a quote and does not constitute giving legal advice, only quoting a source of information according to US copyright laws. Your government may vary.
Steve Wargo
Tempe, Arizona
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