Having now completed 3X 30min videos I have been asked by our local Memorial Hall committee if I would do a video on an event at the end of March to commemorate the miners who died in the Lofthouse Collery Disaster.
This will entail a service and some interviews and I hope some shots of the headlines in the daily papers at the time. along with some shots of where the pit stood, and the various Memorials to the men who died.
1. I will not charge for the shooting of the video, so will the copyright belong to me?
2. Are there any copyright pitfalls?
As I have said I will not be charging for taking the video, but when it is edited I plan to charge a nominal price for each video ordered.
THE QUESTION IS COPYRIGHT
I have only bought the last 3 copies of Computer Video (has copyright been covered?) I just need some general advice. is there a book? or somewhere on the net?.
To do this video I do need to know what I can and cannot do.
Can anyone give me any advice
or tell me of there experiences with taking video of the general public or any other situation
Thanks mike
P.S I only have a basic Sony digital camcorder will I need an interview mike.
Micheal, the copyright is yours unless you agree otherwise with the MemHall guys, regardless of whether there is a fee or not. If you use music you must pay royalties unless you use royalty free music - even then check the license permissions.
For interviews use a lapel mic or a hand held mic hooked up to your camcorder's mike port if you have one. If don't then try to get a portable recorder like a minidisc player and then transfer the interviews to your mac.
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regards
Steven Hood
[ O U T L A W : S D G ]
I hate to disagree, but:- The law was clarified about 10 years ago.
The copyright belongs to the person who has arranged the recording, not necessarily the person recording / editing the recording of the event.
If someone pays you to record an event, the copyright is theirs. You, however, own the master tape until the fee has been paid. It's best to knock up a copyright waiver, so that the client / organiser transfers any rights that they have to you.
It's also best if you get any band / choir to sign a permission slip waiving their rights. The organiser does not have the right to give their permission for you to record the choir if they don't want to be recorded. I've only had a rejection twice in 20 years of doing this. most amateur acts are fine about it.
If you came across Musicians Union members, (probably not at a memorial) they are entitled to ask for a recording fee.
Venues also charge, so check in advance.
In theory, if the composer has been alive in the last 70 years, the music performed has to be paid for, and again when a recording is made, but I wouldn't worry about that.
If you stick on music from your own collection, you're more likely to get caught.
either use a theme from the event, an original composition, or copyright "free" stuff.
Dave, so if someone says "hey why don't you do a video" that gives them the copyright to the work that you do. Surely the person, as you describe who "arranges", that does all the planning, preparation and so on, owns the copyright to the work ie the video production? Would like to expand on that?
This is on the assumption that a fee is being exchanged:
I'm quoting what I've picked up, and I have no legal status...yada..yada...
Before I start, this is unlikely to affect the memorial service, as it's a community thing. I assume no Prima-Donnas.
They SUGGEST you might like to....
If you are the arranger, you are the client.
If they ASK you to do it, they are.
I think that the lack of a fee complicates things, so it's easier to ask them to sign a waiver in your favour.Bear in mind that the performers give their "live " copyright to the organiser, but not permission to be filmed and distributed. They need to be
asked / paid.
If a fee is charged.
You are acting as the clients instrument (employee), in the same way that if an engineer has an idea while at work, the idea belongs to his/her employer.
The copyright exchanges when you receive the fee for ALL of the work done. If you retain the master, the client owns the intellectual copyright, but you have the ability to receive extra reward for each copy.
This is the same principle used by (for example) wedding photographers. They are paid to attend, shoot, process and print a given number of shots. (one fee)They also charge extra for reprints above cost. (second fee) Only one in 100 would surrender the negatives. This is their copyright.
If you do a job for a client, you need to ensure that everyone is one the same wavelength about who owns what, and what constitutes the contract.
If one does a job for almost nothing, incuring expense, and hopes to recover the cost in copies, giving up the master tape surrenders any rights.
Just owning the mater tape does not give you copyright over the information on that tape.
Unless you have the permission of the client, you should not use it on a showreel, or for any other purpose.
If you went to have a passport photo taken, you wouldn't be too keen if it later appeared on a poster with "Troubled by Piles?" under it.
A standard model release covers you against this.
"I give my permission for my image to be used in conection with ...".
or
"Copyright of.. belongs to ... in lieu of any fee"
I've just done a project acting as the instument for an internet company. We needed 300 faces, who had to release the copyright of their image to the company (for a fee). The release stated the purpose of the project, and copyright was waived only for that purpose.
We will work on the material, but after payment, release the masters.
The copyright has gone from the sitter, through us, to the internet company.
I've checked this with a colleague, who also runs an audio recording company. The other matter of musical copyright was nearly right, apart from time. I said 70 years after the death of the composer - if an arrangement is being performed, it's 70 years after the death of the arranger.
The golden rule is either ensure that you can make money out of the copies by retaining copyright, or charge it as two separate jobs.
If you charge for doing a job, and then try to rip-off the client on copy charges, you'll deserve to go bust.
In the case that started this, I'd get the organiser to sign me the copyright, and get them to send the performers (if there was a choir or such) a note to inform them of the recording. You might choose to stick up a sign backstage saying that permission is assumed. I would doubt that anybody would object, but litigation is becoming more common.
I hope that this helps. It's a bit complicated, but it's best to cover your arse.
If anyone out there has a bit of legal knowledge, stick your oar in. Or perhaps CU could do a basic guide. Fom the bb it seems as if there are a few of you charging for work, and it would be handy to have an authoritive article, pehaps with a sample release form?
dm
quote:Originally posted by s.hood:
Micheal, the copyright is yours unless you agree otherwise with the MemHall guys, regardless of whether there is a fee or not. If you use music you must pay royalties unless you use royalty free music - even then check the license permissions.For interviews use a lapel mic or a hand held mic hooked up to your camcorder's mike port if you have one. If don't then try to get a portable recorder like a minidisc player and then transfer the interviews to your mac.
hghgh
well I am sorry lads but I am more confused than ever.
As you say Dave It would be nice if Computer Video could put together a basic set of rules on copyright. but even that i could see as a minfield.
But to look at it logicly I agree with Steve
If I use my equipment and my ability however poor to video the event its hard to see how enyone else can have Copyright.
Since my last posting i have purchased some Copyright Free CDS so that problem has been solved.
The music on the day will be provided by our local brass band.
the music will be 3 old hyms so I can't see copyright being a problem there.
Everthing is set for the 28th of March.
I have purchased a Vivanco lapel clip on mic for the interviews( only £30) I hope it's OK.
THANKS MIKE
Michael,
If the organisors don't mind you recording, there's not going to be a problem - but (legally) even if every stage of the recording is organised by you, the copyright of the performance belongs to the performers.
You can organise transport, tickets and camera hire to Wembley, but if Madonna catches you there'll be hell to pay.
Hope all goes well on the day for you.
Just to add in another finger to the pie. All this talk about who owns the copyright to music and video etc is all very relevant and important, but don't forget one of the points you made in your opening thread:
"This will entail a service and some interviews and I hope some shots of the headlines in the daily papers at the time. along with some shots of where the pit stood, and the various Memorials to the men who died."
You must get the permission of the newspapers involved before you can use shots of their headlines or print. They are subject to all the copyright rules, just like everyone else. I don't understand the full ins and outs of copyright, it is a legal nightmare. I just work on the theory of get a written statement that someone is happy for you to record them or use their work and then you won't get sued! Very simplistic I know, but is a good place to start. Since you are not charging for the video - other than for tape stock, then perhaps this could be classed as a charitable piece for the community. Contact the newspapers you want to use, tell them exactly what you want to do, what you want to use, who will see, how many copies etc and they will probably be helpful. They might even let you shot from original copies if you are lucky! Since you are not making any money out of it, they hopefully will have no problems, and obviously you would have to reference any material you use. Be friendly and hopefully they will be nice back - though you might have to kiss ar** a little bit!
Secondly, (though appologies if this is obvious and you have already sorted it), but filming people's memorials - have you got the permission of the relatives/widows. I don't think there is a copyright issue here (though don't quote me, I might be wrong), but there is a sensitivity issue and people can be funny. You could end up upsetting relatives/widows etc if you don't ask people first if they are happy. Appologies, if this is obvious - I'm not try to teach you to suck eggs!
PS