ownership of video tapes

[kcd]

Michigan
As a director of a live concert, do I have the right to record the event and keep it, so that I may use it for future self promotion?

 

[T-DESIGNER]

Please provide us with what functions and duties you performed
when you had the capacity of director.

 

[kcd]

ownership

To answer your question, I was the video director for a live weekend concert that featured national recording artists. The concert was taped with both master and iso recordings, as well as a small format record for myself. These tapes have been locked up due to a legal disagreement between the
client and the production company that hired me.
There was no "work for hire" contract. I simply want my tapes back for self promotion purposes, and am not involved in the legal dispute. The inability to show clients my work from this concert has cost me future directing jobs. Do I have any recourse? Are these tapes my property?
Clients need to see a reel, and this is something I would like to add to it, but it's possible that the tapes may be destroyed. Do I not have a legal case for my creative rights, and simply my tapes?
I am more than frustrated by this. Thanks

 

[JETX]

Your post seems to imply that these are YOUR tapes, but you are missing the legal principle involved. The actual tapes may be yours, but the content isn't. It is usually the property of the performer. With this principle in mind, they could simply erase the tapes and return your 'material' to you.

What does your contract say about the ownership of any tapes?? Most contracts (between the promoter and performers) have limitations on ownership of material, plus there should be a separate agreement between you and the promoter.

 

[T-DESIGNER]

I am no attorney, but it seems if you were involved in how
the artists performed their concert, you might be considered
as one of the creators of the artwork. But, if you simply
did or supervised the video taping, I doubt you would be
considered as a creator.

For example, if for some reason a movie company were to ask
you to video tape a movie in a local theatre, you did not have
part in the creation of the movie. However, if you were involved
in the directing as to how the movie was created, then it seems
you would be considered as a creator.

You might contact the person(s) for whom you worked, and ask
if they would be willing to sign a permission release, stating
under what circumstances you could show the video tapes.
An example of an "Artwork Permission Agreement" can be
found in the book titled "Getting Permission: How to License
& Clear Copyrighted Materials Online & Off" by Attorney Richard
Stim, which is available for purchase at http://www.nolo.com

 

[I AM ALWAYS LIABLE]

Mr. Floum:

Please comply with California Rules of Professional Conduct rule 1-400(d)(4).

Thank you.

IAAL

 

[I AM ALWAYS LIABLE]

Re: Re: California Rules of Professional Conduct

Dear "I AM ALWAYS LIABLE",

Thank you for your comments. I am thinking of modifying my "signature" as follows:

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction
and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a SOLICITATION for legal services.

I would appreciate your guidance, as I am new to bulletin boards. Is your opinion that this notice is sufficient to comply with the Rules of Professional Conduct? Additionally, I incorporated some of your language re attorney-client relationship. Do I have your permission to use this language in my disclaimer?

You can e-mail me at [email protected] or post a reply. Thanks again.

Mr. Floum:

That's fine, as it conforms with our Professional Rules of Conduct in California. However, your admission that it is your intent and purpose to "solicit" potential clients from this site now runs afoul of the FreeAdvice.com rules - - which now subjects your membership, that you agreed to when you signed up, to cancellation.

You have either failed to read the rules for this site, or you are purposefully ignoring the rules.

Since you appear to be quite knowledgeable in the subject of intellectual property, and I would hate to lose you as a contributor, I would heartily recommend that you immediately, and voluntarily, consider removing:

1. Your address and telephone number; and,

2. Any invitations to writers to contact you directly; e.g., via your e-mail and/or phone number.

All of our writer's communications, and our contributor's responses, are the property of FreeAdvice.Com, and are expected to remain on these threads, and not be directed off the boards and forums for any further or continuation of the writer's situations away from these forums.

Thank you for your continuing cooperation and expected adherance to the rules of FreeAdvice.com.

Yours respectfully,

IAAL

 

[T-DESIGNER]

How about deleting the following words:

"Beginning his legal career with the prestigious firm of
McCutchen, Doyle" Those words add no value to your
biography for most people who are asking questions on
this forum.

Personally, I feel most of the information belongs in the
biography area of your profile. However, newcomers
to the forum may not know to click on a member's
name to access profile information, and the biography
area of the profile seems rather limited.

 

[I AM ALWAYS LIABLE]

MY RESPONSE:

Ultimately, the following is how I'd like to see your "tag line signature" - -

1) Remove all addresses, phone numbers and e-mail from the signature;

2) Refrain from suggesting people contact me; and

3) Having the following as my "signature":

D. Alexander Floum, Esq.

D. Alexander Floum is an experienced intellectual property attorney and a professor of intellectual property law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction
and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication."

MY FURTHER RESPONSE:

While your suggested "signature" would satisfy the "California Professional Rules of Conduct", I'm not quite sure it would still satisfy the FreeAdvice forum rules. Along those lines, the reasons why I pared down your signature even further is threefold - -

1. It looks like a Curriculum Vitae; and

2. It keeps people from dialing the 411 information operator to obtain your firm's phone number.

3. It appears to still be a "veiled" invitation of solicitation; i.e., why else would you need to have your firm's name in your "signature"? Other than trying to have writer's try to make direct contact with you, there really is no reason to state your firm's name.

IAAL

 

[counsel]

Without preparing a good contract, you might run into problems. In order to make things easy, you need to prepare a contract which specifies your right to record and distribute the tape.

Otherwise, depending on the state you live in, you could be committing copyright infringement, violation of the bands' publicity rights, etc.