Legal question about Reels and Copyrights...

T

timwhanson

Member
So I'm in an ugly battle right now with my employer over my right to keep examples of work for my reel. Obviously I can't go into too much detail, but for arguments sake I'll give the scenario. I work for production company A, they contract me out on a per project basis to company B (which happens to be one of the largest companies in the world and very litigious).

I'm a senior editor and Motion Graphics artist, and lets say I work on 10 high profile projects. From top to bottom I create everything from concept, to graphics, to music, to edit. Every project is a huge success and the client is more than pleased with not only the projects, but with the press they bring.

Now, 7 of these 10 projects are posted by the client on their website and sites like youtube etc... Out there in the world for any jackass with a computer to download and distribute.

Well, yesterday my employer A, after finding out I have a reel, tells me that under no circumstances am I allowed to keep anything for a reel, nor am I allowed to say I created or worked on anything because quote "I didn't create a damn thing, the company created it, and if I keep anything for a reel we will sue you."

How can this be possible? The client distributed it to the net already, it's out there, how can they keep me from taking credit for things I created. How is anyone supposed to get another job one day when they are not allowed to list their achievements, or past employment history. This seems like a crock of **** to me. I was forced to deactivate my reel website, and told to erase all copies of media I have.

So basically what are the legalities, what are the rights if any for an artist in today's digital world?

Thanks for the help,

T
 
Unless there is an NDA in place, there is absoloutly no reason why you can't say you worked on a project. (I'll bet your boss has one of those new fangled "resume" things too..)

As to using material from those projects? Well that is normally owned by the client, so you don't have much control there. Unless you can obtain permission directly from the client (and most clients don't have any touble with footage beeing used in personal reels, once it's been published in it's original sence) in which case, it's between the client and you.

- Mikko
 
Best to ask someone who specializes in employment law. But as Mikko said, if the employer paid you to create those works, then the works are owned by the employer under the terms of a "work for hire", and if they don't want you including it on your reel, you probably shouldn't.

But to say you can't take credit for the work you did? That certainly doesn't sound right.
 
I would say an analog to this is your hard copy resume. If I did engineering work on a project, I can boast on my resume about what skills, accomplishments, etc. I performed, limited of course by any classified or proprietary information. I can say I wrote "specifications", but that doesn't give me the right to include one as an example if in fact it belongs to my client.

You would have to make prior arrangements for copyright permission. However, in certain of your cases, if your work has been placed for public viewing, I wouldn't see anything wrong in telling prospective clients where to find it. They would just have to believe that was your work.
 
The fact the work is in a public forum is irrelevant. The question here seems to be what the employment agreement between you and company A says. Company A is seeking to protect itself because if it allows distinguishing between which employee makes each work, it allows for the loss of clients when that employee leaves.

Company B would follow you probably if you left company A. Most companies use non-compete contracts for this eventuality but since California is a right to work state, they are using copyright and non disclosure agreements to protect themselves. It seems to me that they ow the work though.

I would speak to an attorney and see what rights if any vested in you as the creative artist under copyright law and the agreement you signed. Also, whether saying you created the work violates the NDA. I woulds say an employees right to the work product is severely limited but you should be able to take credit on a resume, is where this will lead. (but the agreements should be looked at.)
 
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If you used their equipment to film, edit and produce and the clients are theirs, you have absolutely no claim to any of the footage for your reel, and they can sue the crap out of you and win.

You can, however, say that you worked on the projects although if you signed an NDA you may be limited to what you can say. If there isn't any paperwork saying what you can and can't talk about, then you can claim work on any project but you have no right to show them other than to point to the versions on youtube, etc.
 
mrWr0ng said:
You can, however, say that you worked on the projects although if you signed an NDA you may be limited to what you can say. If there isn't any paperwork saying what you can and can't talk about, then you can claim work on any project but you have no right to show them other than to point to the versions on youtube, etc.
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Of course, keep in mind that if the company is disavowing your work on the project, just telling people you were involved won't help you too much-- if they check your references, your former employer will just tell them you weren't involved, and then you look like the liar.

Personally, I wouldn't take any job that didn't allow me to use the work I produce in a demo reel unless I was getting paid an awful lot...
 
Oh absolutely, I agree. I would be livid if my company turned around and told me I couldn't use my work in my reel - I'm the only person here that knows a blessed thing about video so there's no way they could get away with claiming someone else does it.

However, in his case, I don't think the references issue would be such a big deal. I would include the projects on the resume but not give the company as a reference. None of the work is going into the reel anyways, so it's almost pointless, as most people will just look at the reel and make decisions from that. But if it comes to the point where they want to call and ask about it, either give references for other companies or give the number of someone still working for the company that you're still cool with, even if it's an assistant.
 
Hey everyone, thanks so much for the info. It seems as though I'm S.O.L when it comes to being able to add it to my website or public reel with my name on it. Some of you were more right then you know, basically it is all about the fact that if company B knew that it was me doing all their work and not this "team of experts" bullshoot company A is selling them, they would just hire me away. I even asked my A'hole boss about just asking company B's permission to use it for my reel and he flipped, because like I said if they knew it was all me it would be poo poo on him.

I guess I just can't stomach having to let this jerk screw us like this, I mean it's not fair. He is running a totally unethical and illegal operation, and I and a bunch of other employees plan on filing a class action against him for unpaid overtime. Again without saying too much lets just say I can't see how it can be legal to indirectly force people to work 10 to 20 hours of overtime a week, charge the client for it, but then not pay the artist that did the work for the overtime. What is the legality on that? lol I mean any california people out there think that is fishy? You can't not pay people overtime.

I don't know, sorry everyone, I'm just venting now. I just can't move to L.A. for family medical reasons and there is no other steady work in the Bay Area that I know of. No one with real high end jobs seem to post on Craigslist, and I don't have any other options, if I want to pay my mortgage and feed my family I have to go to work every day and dream of the day I can finally leave that hell hole and sue the pants off that jerk.
 
You can't not pay people overtime
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Well, actually yes you can, depending on the employee's classification. If they're on a fixed salary and are considered management, that's one thing and it's possible that he can avoid overtime for that. But California probably has the most employee-oriented labor laws in the nation, so if you're in California you probably have the strongest foundation for a case. But you'd have to talk to a lawyer who understands California labor law to see whether you have a case or not.
 
I would quietly send an application to the clients that loved your work. And, being the kind of guy to cut off his nose to spite his face, I would sit on my ass as the next big project came down to deadline, and tell the company that since they do the work, they best quit screwing off and get it done.

No, I don't always get along well with others.
 
Reels are tricky. Some places have individual reels for their people on their corporate sites so potential clients can see just how kick-ass everyone is. Others, like your boss, like to keep everything at a company level. And, publicly, that's his right to do so. But you also have the right to get another job and to show people past work in order to get that job. So just don't make your reel available for public viewing. Send it to the places you'd like to work and keep it at that.
 
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