May 15, 2012 - 22:37
I have a signed contract from somebody who claims to own the rights to video footage. It is a standard usage agreement stating I can use some archive footage in my own production.
I then heard through the grapevine that a much larger company owns the rights. I contacted the person who signed my contact and asked him about the claims, and he said both parties owned rights to the footage. Iasked him if I could see his paperwork stating ownership and he said no as it contained private info (fair enough).
I contacted the bigger company and they were very invasive with their questioning: asking me all about my production, its content, who was attached, where it would be seen etc etc. All I had asked them was whether they could check their records to see if in fact they recognize the dual ownership - as the last thing I want is them pursuing legal action against me. They refused to do this without the information given to them, and stated to me that if I were happy with my clearance efforts then I should proceed. This didn't exactly answer my question. I replied stating that I had been open and honest with them, and that I didn't even have to contact them. The last thing I wanted was a legal clash and left the lines of communication open to them if they felt I was acting illegally by using the footage. I didn't get a response.
Is there a term for baiting somebody into legal action? Perhaps having my DVD pulled from sale? I'm worried about this and am not entirely sure on what action to take?
May 16, 2012 - 07:13
#1
Re: Clearance Efforts
Nintembo (a regular on this board) has posted a lot of legal type questions like this and should come back to you with an answer, otherwise the simple answer is consult a professional media lawyer who is really the only type of person who can give you a definitive answer.
May 16, 2012 - 13:32
#2
Re: Clearance Efforts
You've probably got in the middle of a tussle. The simplest way is to ask the second company a very specific question. I intend using the enclosed material, unless you have an interest in it - could you confirm if your company has an interest in this material. Recorded delivery, and see what happens. You're not asking any questions about the percentage of ownership, just if they have an interest. If you get a no as a response, then you have what you need. If you get a yes, then perhaps you need to reconsider - shared rights content is difficult to deal with - especially of the parties don't like each other very much. If you get no as an answer, then at least if you decide to use it, you have the evidence that you did at least try, and they chose to not respond, which would be revealed if things got unpleasant and wigs were involved.
To be honest, with the trouble you've had so far, it's clear more is going on here.
From my limited experience, shared ownership does not mean one party can clear the other's permission - you just need permission from both parties.
May 19, 2012 - 13:32
#3
Re: Clearance Efforts
Hello Paul and Foxvideo,
Yes I did contact the second company with a very direct line of questions. One member of the company got back saying they owned the footage, and his supervisor then stated nobody claimed that. I flat out asked if they had a problem with me using the footage considering I had a contract in place. The response was void of answer and just asked of me several questions (what my programme was about, who is attached, where will it be etc etc)
I absolutely hate the business side of film making sometimes. It absolutely can drain me of passion in a situation like this.
Fox, getting legal help isn't an option for me I'm afraid. I simply can't afford it, and it will eventually just lead to me not using the footage if it came to it.
May 19, 2012 - 17:13
#4
Re: Clearance Efforts
What is the footage? Is it linked to your other post (re fashion week?)
TBH the best approach is "if in doubt, leave it out"