Another interesting situation....

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Nintembo
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Joined: Jun 22 2004

I bid and purchased some footage at an auction house, now I own footage of a 70's screen actor at a QandA session filmed back in 2002 in Lonodon. With the footage, I obtained a release form from the company hosting the QandA stating the rights to the footage which was filmed on their paid for premisis.

I don't however have a release form from the actor in question, and have not had a response from his agent so I find it unlikley that I will.

What can I do with the footage?

harlequin
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Watch it :)

Gary MacKenzie

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stuart621
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Joined: Oct 24 2001
Nintembo wrote:
I don't however have a release form from the actor in question, and have not had a response from his agent so I find it unlikley that I will.

I remember a book I had at Uni which had a disclaimer which went something like this:

"Every effort has been made to obtain the rights for the use of copyrighted material. All owners of such material have been contacted and their silence has been taken as acquiescence for its inclusion" (or words to that effect).

How that would stand up in court, I have no idea...

Maybe somebody with some legal knowledge would be able to comment.

Chrome
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Joined: May 26 1999

I know a lot about this issue, after being on the periphery of a legal action against the BBC on copyright at the high court (in fact the Old Bailey); but I would not suggest an opinion on this...

It is VERY unlikely people here probably will know the definitive answer (myself included). I would suggest taking 'proper' (ie: paid for) legal advice, not; suggestion, heresay and rumor as a basis for making your decision, otherwise you might just be letting yourself in for a world of pain. :D

...we lost our action and it cost us best part of £1/3 million quid!

Nintembo
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Joined: Jun 22 2004
stuart621 wrote:
I remember a book I had at Uni which had a disclaimer which went something like this:

"Every effort has been made to obtain the rights for the use of copyrighted material. All owners of such material have been contacted and their silence has been taken as acquiescence for its inclusion" (or words to that effect).

How that would stand up in court, I have no idea...

But I'm not looking to obtain a release from the individual, rather I'm trying to find out whether the release I have, from the facility, will hold up.

Chrome
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Joined: May 26 1999

Hence my answer... You're asking the WRONG people, only a professional will be able to give a definitive answer :D

Alan Roberts
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Joined: May 3 1999

Quite so, don't ask us, ask the people who will be able to tell you, legal people.

Get my test cards document, and cards for 625, 525, 720 and 1080. Thanks to Gavin Gration for hosting them.
Camera settings documents are held by Daniel Browning and at the EBU
My book, 'Circles of Confusion' is available here.
Also EBU Tech.3335 tells how to test cameras, and R.118 tells how to use the results.

Maxwell
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Joined: Jan 13 2007

I think we had a debate on this subject before on this forum 2 years ago?

Alan Roberts
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Joined: May 3 1999

It crops up regularly, several times in the 10 years I've been here. The answer's always the same though, "go and ask a lawyer".

Get my test cards document, and cards for 625, 525, 720 and 1080. Thanks to Gavin Gration for hosting them.
Camera settings documents are held by Daniel Browning and at the EBU
My book, 'Circles of Confusion' is available here.
Also EBU Tech.3335 tells how to test cameras, and R.118 tells how to use the results.

simond83
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Joined: Sep 5 1999
Alan Roberts wrote:
It crops up regularly, several times in the 10 years I've been here. The answer's always the same though, "go and ask a lawyer".

...just don't ask Chomes lawyer ;)

Chrome
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Joined: May 26 1999

He he... good point simond83 :) However he wasn't my lawyer... but my boss's (I did say I was on the periphery) and he was one of the highest paid showbiz lawyer's in the business. His bill alone made up about £120k of the total costs my boss had to pay... not bad for about 3 weeks work back in 1992 eh? His court attendances fee was £2.5k an hour!!!

Breach of copyright CAN get VERY expensive, which is why I often harp on about it on the forum. Experienced legal opinion is ALWAYS the way to go, not rumor, suggestion or a bar-room legal advisor. :D