On Camera Interview Copyright

[convoy71]

What is the name of your state? PA

I was recently interviewed on camera for a documentary. I signed a release which only in lamens terms says I have no rights over editing or what will/will not be shown on dvd, tv, theater, etc. I don't honestly care what they show after editing/post production.

I was paid a small fee for the appearence on camera. I had a list of questions I believed should have been asked about the subject they wanted to discuss. They covered only a few questions but they reworded them based on mine.

What I want to know is, would I be permitted via webcam re-interview myself asking my questions though using most answers I gave them. I want to upload them to Youtube, so it will be a free matter I don't make any profit. I want to re-interview myself due to I don't personally think my answers were very good and not prepared.

Can they prevent me from a non profit re-filmed interview to be posted free on the internet using the answers I gave them. Although they paid me a small fee using re-worded questions.

I plan (film) to ask/answer questions they did not remember or did not bother to ask also.

 

[divgradcurl]

If you create your own film, and use none of the film that they filmed, there will be no copyright issues with your film.

 

[convoy71]

I just talked to a (copyright) lawyer on the phone and she said because they filmed me answering their questions. They now physically (film) own my answers. She said fees paid, use/non use of the word copyright does not matter.

I hate to argue but is she correct?

 

[divgradcurl]

Are you using their film or not?

 

[convoy71]

I have no access to their film nor did they give me a copy of their footage. However according to a local copyright lawyer I cannot answer on my own (webcam) film the answers I gave them. (due to the fact I was involved or have knowledge of their documentary). This is all due to I personally felt amateurish, unprepared and want to film my self using my own questions but the answers I gave them. She said it would be a copyright violation due to my answers on my own film are based on the footage they shot of me.

Is that somesort of free of speech situation. Im going to ask film makers I dealt with if I can use the answers they filmed me for my own interview.

The legal release I they had me sign in laymens terms only say I have no right over their editing. I dont care what they show and dont show. Ther words copyright and confidentialty were not printed on release.

I want to place my webcam filmed interview on to youtube. There is though much about the subject they wanted to discuss they did not ask/did not cover I can and will place on youtube. But the opening question (How I got interested) and a few others questions I want to talk about they have on film I want to place on youtube BUT via myself not via them.

 

[quincy]

Copyright clauses are unnecessary in releases. The filmmaker owns the copyright automatically once the film is complete - the release you signed probably just says that you agree to be filmed and give consent to the filmmakers to use the footage. What is on their film, however, belongs to them.

Copyright protects, basically, the expression of ideas and the subject matter but does not prevent anyone else from making their own independent work based on the same idea and subject matter. Where you seem to run into problems is that your intended expression of this idea and subject matter is a copy, or substantial copy, of the filmmakers' expression.

I think it is a good idea to talk to the filmmakers, because it is a tricky line between your free speech on a YouTube video and using what is basically film content in this video. I think it can be compared to doing an interview for a magazine, getting paid for it, and then doing the same interview yourself and printing it before the magazine comes out. The content, which is copyrighted in the magazine interview, is basically the same.

 

[divgradcurl]

I agree with quincy that the best course of action is to try and work out an agreement with the original filmmakers.

My understanding was that you were going to create your own question and answer thing that built upon the original without using any parts of the original -- that would clearly be okay. If you've spoken with an attorney, who presumably has access to al of the facts of the situation, I would take the advice of your counsel.