Can anyone offer any advice on this situation.
Awhile back I advertised to do a free showreel on mandy.com. I get to use the showreel to show off my editing skills & the person gets to use the showreel to gain work. The person sent me a VHS video of various of their TV work, they also emailed me loads of photos. I edited it altogether & upped the finished project to You Tube & on my web site.
Initially they were really happy with the show reel, then after about 5 days they told me to take it off You Tube & my web site as they were quitting the business. I removed from You Tube but left on my site.
They then got in touch with my ISP asking for it to be removed, and the ISP asked me to do so or they would.
The person is telling me they own copyright off their pictures, as do the photographers who took the pictures as do BBC & Channel 5 for whom the clips were edited.
I spent approx 30 hours editing this footage so have I completely wasted my time, was it all a rip off if this person never had the copyright to use. I still have every email relating to the matter but no signed contract.
Anyone got any ideas? Cheers. :confused:
The person is telling me they own copyright off their pictures, as do the photographers who took the pictures as do BBC & Channel 5 for whom the clips were edited.
Sounds to me they've been threatened or warned, The person you worked for would not normally own the copyright to the photographers pictures or the TV stuff, if they did they would have a letter giving away copyright of the original material - not normally done in the commercial world and very unusual.
I would learn a lesson from it, take it off your site - it's not your material and despite your offer of free work, next time get a contract.
I have no legal training, the above is just my personal opinion.
Does seems your right but then as a matter of interest does that mean anyone who wants a showreel built up of TV or Film work has to have permission from the TV?Film company for this footage to be used, I guess so & its something I didn't consider when taking the job on.
Damm them
Simple answer - Yes.
TV companies especially, are getting very protective about their stuff (still in copyright) on Youtube. My strong guess is your talent is afraid he/she might not get any more work if they are found to be using copyright stuff without permission.
Yeah, just wish I could charge the person for the work that was done, but I reckon all the emails I have from them count for nowt as I don't have a signed contract. :-(
generally, the "spotlight" type pictures are taken on the basis of copyright transfer - so the photographer is paid to crate the image and pass it on to the client. That way the client can have copies made by someone else and distribute them via (in the old days) a book called Spotlight or nowadays I (assume) via the web.
This might not be so with the tog who made the pictures you used.
The Broadcaster will retain copyright of the programmes but I assume that there must be a work around for the talent to use the stuff. ( as with editors /lighting guys showreels)
You probably should have got stuff in writing from whoever claims to be the copyright holder. (although how would you know?)
Yeah, just wish I could charge the person for the work that was done, but I reckon all the emails I have from them count for nowt as I don't have a signed contract. :-(
There's no harm asking for it back.......the deal is now off, they won't need it if they are "coming out of the business" [ ;) ] - they might even offer a payment of sort's to keep it.
You've nothing to lose by asking.
There's no harm asking for it back.......
I gave them a copy on DVD so not a lot of point asking for it back as they could just make another copy anyway, mind you if I ever see it online, dunno what I could do, it had my credit on the very end but if this was edited off then I would have no proof.
I never expected to make any money from this but I didn't expect to work for 30 odd hrs with nothing to show for it, I still have my copy, guess I'll wack it on you tube & keep it private & just show it to interested clients...
You've had your fingers burned, sorry to say it, but there's a lesson to be learned here...
1. Don't work for free - EVER - the most precious thing you own is your time here and every minute that's dwindling. Your skills took time to develop and your equipment (presumably) cost money. Why give it away free?
2. Don't blindly dive straight in without finding out a bit more about what you are getting into. Ever heard of... 'Fools rush in'?
3. ALWAYS have a contract of some sort, even if you are working for free. It should include disclaimers indemnifying you.
4. Set parameters (may be in the contact); what is and in not included, how many previews/re-works etc.
5. Have proper insurance. Includin that which covers you against ruining a client's only copy of a precious memory etc.
Chrome, good advice.
Until last year I was a DJ & would never gig without a contract, but because this job was free it didn't occur to me to contract it. Just goes to show, even when you do work for people on a free basis you can still get burned...
so you didn't work for nothing - you worked for 30 hrs, which got you
1) improved experience in editing
2) good suggestions to protect future work
3) a free early warning system in your head
4) satisfaction of a job well done
;)
What positive points you make Fuddam :-)
Hi Steve,
My understanding..
Everyone who creates something has automatic copyright by law, unless something has been agreed or implied to the contrary.
So, who ever filmed the original content, would have copyright over that (unless assigned).
Your editing decisions also have copyright, so you have a vested interest in the DVD.
If I receive media from a 3rd party, I always make sure I have the original copyright holders consent. Even if your client has commissioned the source media, he may not own the right to assign copyright.
If we have:
A = Creator
B= your client
C=You.
'A' could sue you for breach of his copyright.
An indemnity from 'B', as Chrome refers to, difffers from a guarantee, in that it's on the lines of:
'If C is out of pocket through dealing with B, he may claim recompense from B, even if B has no legal liability to C.'
However, if say 'A' sues for megabucks and B doesn't have megabucks to pay you, it's you that stands to lose all your assets..unless you form a ltd company (which means Ltd liability).
I have politley declined a number of jobs for this very reason and explained why.
I used to work in a legal dept, which helps in running a business where sueing is not unusual. I don't know how you would pick up this knowledge through other means - perhaps your local Chamber of Commerce can assist.
I know that doesn't help retrospectively.