Heres a puzzler for you guys that im not 100% certain about my self!
As an external editor Ive captured footage that Ive edited in to a business promo for a local company. The footage was given directly by the producer that provided me with the job. How ever the footage it self was filmed by an external camera operator using the producers camera. But heres the dilemma! both myself and the producers client have since fallen out with the producer due to a financial dispute (i.e the producer being greedy and un trust worthy!!!).
Which is why the client then approached me about uploading the video to my site for them for a fee. But Im not 100% sure about who owns the rights to the footage as I now have it on my external hard drive as well as the actual tape it was captured on, how ever I didn't pay for the tape as it belongs to the producer.
So my question is do I have the legal right to upload there video as every one and every thing that appears in the video belongs to the client. How ever the producer doesn't have anything in writing to stipulate who does or dosent own the footage so Im a little confused.
So some well informed advice would go a long long way in this case. Thanks Cleary.
www.myspace.com/michael_mccleary_films www.youtube.com/cleary82
www.youtube.com/yoursayvideos
I'm not sure what is the legal value of a verbal agreement in the UK. If it can be enforced, you may have your hands tied with respect to your material, depending on how you discussed this matter. Otherwise, if you are clearly in possession of the video material, and nobody else could make a reasonable claim to the ownership (other than the client himself), you might be OK.
By the way, none of the YouTube videos on your MySpace page work (and the YouTube channel is gone).
Who edited whose gear it was captures with and where it is sitting are not part of this equation.
With the absence of a contract, if this was work for hire it is clients. If there is no contract between the client and producer nor did anyone get (not necessarily monetary compensation) paid it is most likely your copyright but its worthless without releases from everyone. So clear the contract part with client and perhaps make a mutual n arrangement with client.
If this is of any size of commercial value seek better that forum opinion.
Good luck.
Serge Kozak
http://producerproducer.net
Serge
http://trueherostudio.com/producer-blog
Thanks for your advice its much appreciated. Its been a while since Ive last visited the forum so I wasnt aware of the myspace issue, but thank you for bringing it to my attention as ill remove it now.
quote:
Originally posted by Vasic
I'm not sure what is the legal value of a verbal agreement in the UK. If it can be enforced, you may have your hands tied with respect to your material, depending on how you discussed this matter. Otherwise, if you are clearly in possession of the video material, and nobody else could make a reasonable claim to the ownership (other than the client himself), you might be OK.By the way, none of the YouTube videos on your MySpace page work (and the YouTube channel is gone).
www.myspace.com/michael_mccleary_films www.youtube.com/cleary82
www.youtube.com/yoursayvideos
Thanks for your advice its much appreciated. Think Im going to consult a legal advisor to make sure first but Im pretty sure that I can go ahead and take up the client on their offer.
quote:
Originally posted by skozak
Who edited whose gear it was captures with and where it is sitting are not part of this equation.
With the absence of a contract, if this was work for hire it is clients. If there is no contract between the client and producer nor did anyone get (not necessarily monetary compensation) paid it is most likely your copyright but its worthless without releases from everyone. So clear the contract part with client and perhaps make a mutual n arrangement with client.If this is of any size of commercial value seek better that forum opinion.
Good luck.
Serge Kozak
http://producerproducer.net
www.myspace.com/michael_mccleary_films www.youtube.com/cleary82
www.youtube.com/yoursayvideos
