• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

rights of a videographer

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

videogenius

Junior Member
What is the name of your state?New YorkWhat is the name of your state?

I was asked to tape a play with my professional equipement so the director could have a copy for archival purposes. We also have a talent management section of our company and seeing as two of my clients were in the play I agreed for a very low price.

The client was extremely difficult and wanted a "wide area " of stage on two of the peices so I had to go back and tape again although the first tape was very good.

I edited the tape so it would look great and put wonderful titles on it. At the beginnning I put a warning not to copy the tape because it is my editing and photography. The director was angry and said that I contributed nothing to the performance and went on to say that I cannot use any peice of the tape for any purpose even as a demo. Of course we were going to use a peice for a demo and also some for my clients who are actors an need a performance tape. I know that I have to get quit releases from web designers and cameramen who work on movies I do so I think I have creative rights as far as the credits and videography of this peice. My photographer friend told me I can copyright the video and titles as videographer. Please let me know what my rights are.

Thank you

T
 


divgradcurl

Senior Member
videogenius said:
What is the name of your state?New YorkWhat is the name of your state?

I was asked to tape a play with my professional equipement so the director could have a copy for archival purposes. We also have a talent management section of our company and seeing as two of my clients were in the play I agreed for a very low price.

The client was extremely difficult and wanted a "wide area " of stage on two of the peices so I had to go back and tape again although the first tape was very good.

I edited the tape so it would look great and put wonderful titles on it. At the beginnning I put a warning not to copy the tape because it is my editing and photography. The director was angry and said that I contributed nothing to the performance and went on to say that I cannot use any peice of the tape for any purpose even as a demo. Of course we were going to use a peice for a demo and also some for my clients who are actors an need a performance tape. I know that I have to get quit releases from web designers and cameramen who work on movies I do so I think I have creative rights as far as the credits and videography of this peice. My photographer friend told me I can copyright the video and titles as videographer. Please let me know what my rights are.

Thank you

T
Unless you have a contract to the contrary, you own the copyright to the video you have made, and if the client goes and reproduces the video without your permission, he is technically violating your copyright.

However, from a practical matter, unless you do have a written contract specifying who can do what with the video, you could be on shaky ground if you were to use the tape for your own purposes, even if you do own the copyright to the tape -- since the taping was not done in public, without permission from everyone who appears on the tape, you are opening yourself up to a potential lawsuit.

If you can't work out anything with the client, you are probably better off just moving on and forgetting about things.
 

videogenius

Junior Member
The video was in public

Thank you for your help. The video was of a play done in public for a paying audience although not a union play. There are two actors who will give me the release to use the work on our site. I assume then we are in good shape, right? It is strictly to show our clients and our videography skills.

This is a great website... so fast.

T
 

divgradcurl

Senior Member
The video was of a play done in public for a paying audience although not a union play.
If it was for a paying audience, then it was likely not done "in public" for the purposes of privacy concerns.

There are two actors who will give me the release to use the work on our site. I assume then we are in good shape, right?
If the two actors are the only actors that appear on the video, then you are probably okay from a privacy standpoint. If you don't have a contract that specifies that you are to transfer the copyright to the director or producer, then you are probably okay from a copyright perspective. That doesn't mean that you still won't get sued, though -- that's always a potential problem -- but it does mean that you would have a good defense.

Were you an employee of the director, or just doing work on a contract\free lance basis?
 

BelizeBreeze

Senior Member
divgradcurl said:
If it was for a paying audience, then it was likely not done "in public" for the purposes of privacy concerns.



If the two actors are the only actors that appear on the video, then you are probably okay from a privacy standpoint. If you don't have a contract that specifies that you are to transfer the copyright to the director or producer, then you are probably okay from a copyright perspective. That doesn't mean that you still won't get sued, though -- that's always a potential problem -- but it does mean that you would have a good defense.

Were you an employee of the director, or just doing work on a contract\free lance basis?
also the Director ;)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top