Work for hire in a music video?

[Treble]

Hello,

I am an artist and author of a musical composition and would like to make a video that is played over the song.

The video needs a few actors to act out
parts in the video. If no paperwork of any sort is signed by me or the actors,
can any or all the actors make demands such as royalties related to the music video or even demanding me to take the video down?

Thanks for all feedback
Bob

 

[quincy]

Hello,

I am an artist and author of a musical composition and would like to make a video that is played over the song.

The video needs a few actors to act out
parts in the video. If no paperwork of any sort is signed by me or the actors,
can any or all the actors make demands such as royalties related to the music video or even demanding me to take the video down?

Thanks for all feedback
Bob

Do you still live in Montreal, Bob?

There is no "work made for hire" in Canada. It is a U.S. concept.

 

[Treble]

Hi quincy,

Yeah I’m still in Mtl.

So what does this mean for me? I want to make sure I don’t have any problems once the video is published.

Can I have individuals act in my video without worries that they may want royalties or may want (for whatever reason) me to take the video down, EVEN if I was verbally up front with them about those issues?

Or, is it better to make them sign some sort of a document ?

Thanks for replying !

 

[quincy]

Hi quincy,

Yeah I’m still in Mtl.

So what does this mean for me? I want to make sure I don’t have any problems once the video is published.

Can I have individuals act in my video without worries that they may want royalties or may want (for whatever reason) me to take the video down, EVEN if I was verbally up front with them about those issues?

Or, is it better to make them sign some sort of a document ?

Thanks for replying !

You will want to consult with a Canadian lawyer. FreeAdvice addresses US law questions only.

As I already indicated, there are substantial differences between the laws in the US and Canada.

Generally a contract can be fashioned to cover the wants and needs of all parties. You no doubt will want written and signed agreements.

 

[Treble]

Ok quincy, thanks for replying !

T

 

[quincy]

Ok quincy, thanks for replying !

T

You're welcome, Treble. I appreciate the thanks.

Just make sure you have signed releases in place from all your actors prior to filming your video, so the actors cannot later claim rights to the work, and you should be okay. But it is best to have everything personally reviewed by an attorney in your area to best ensure you are safe from any legal challenge.

Good luck.

 

[zddoodah]

If no paperwork of any sort is signed by me or the actors,
can any or all the actors make demands such as royalties related to the music video or even demanding me to take the video down?

People "can . . . make demands" regardless of whether paperwork is or isn't signed. Whether any of those demands would carry any legal weight would depend on the specific facts.

Can I have individuals act in my video without worries that they may want royalties or may want (for whatever reason) me to take the video down, EVEN if I was verbally up front with them about those issues?

We have no way of knowing what abilities you have. As the tens or hundreds of thousands of music videos made over the past 50+ years demonstrate, it is possible to make a music video without the actors in the video having any right to royalties (or any other compensation). However, you cannot control what people might want.

is it better to make them sign some sort of a document ?

"Make them sign"? You certainly can require that anyone appearing in your video sign a contract/release, and I would hope it obvious that this would be the best practice.

 

[Just Blue]

@zddoodah This thread is from May, 2018.

 

[quincy]

This thread is an old one - and created by a Canadian. It looks like someone has been playing in the forum archives.

This thread is from 2018.