accident / video legal etc

J

jpham

Well-known member
So I provided some videography at a club. During a performance, a performer fell down twice - because the previous performer used liquid/oil/chocolate(?) on stage, and they didnt clean up properly between play.

So a week or two later, I get an email asking for video footage - I would assume the performer has some medical issue (?)
and want the club insurance to pay?

Should I provide the video clip or wait for the lawyer/court? The husband doesn't tell that the video clip is for legal, but for something else.
 
@jpham

IANAL but....
1 which country was this in? (BTW don't be too precise with the actual location :) ) Laws vary and sometimes who you are/who you work for trumps the laws.

2 can we assume that you and all the performers were adults and professionals?

3 what sort of club was it? Some types of dancers often use props and oils and this might be an expected hazard.

4 who hired you?

5 who asked for the video?

6 what was your role in this? directing or "just filming" under some one else's direction?

7 what does your footage actually show. i.e. just the performances or the parts in between?

8 what public liability insurance cover do you have?
 
Darren Levine said:
who hired you? did you deliver the video to them? i would refer this request to that person
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Done in one.

Basic concept is: if you were hired to produce that footage, then the person who hired you likely contracted you under the concept of it being a "work for hire"; as such, the video is the property of the person who hired you. It is not your place or your right to give out copies to someone else, because it's not yours. Now, if you're subpoena'd by a court, that's one thing, or if you were doing it "on spec" so nobody hired you then yeah, you still own it and you can give it to whoever you want. But if someone hired you, the odds are good that you don't have any rights in the footage anyway (depending on your contract, and state law, and all sorts of other lawyerly concepts) so you'd better find out what you can and cannot do before you go handing any footage over to anyone.
 
There are some good points made here to think about, however, it only begins to scratch the surface. There is never one correct answer when it comes to interpreting the law. Legality is often choosing the path of least risk to yourself. Consulting with a good lawer will help you limit your legal risks.
 
Well if they fell down twice, the first time they may not have been aware the floor was slippery. But the second time, as the saying goes, "Fool me once, shame on you; fool me twice, shame on me."

As others have said, unless subpoenaed for the footage, only give it to the client.


Barry_Green said:
Basic concept is: if you were hired to produce that footage, then the person who hired you likely contracted you under the concept of it being a "work for hire"; as such, the video is the property of the person who hired you. It is not your place or your right to give out copies to someone else, because it's not yours. Now, if you're subpoena'd by a court, that's one thing, or if you were doing it "on spec" so nobody hired you then yeah, you still own it and you can give it to whoever you want. But if someone hired you, the odds are good that you don't have any rights in the footage anyway (depending on your contract, and state law, and all sorts of other lawyerly concepts) so you'd better find out what you can and cannot do before you go handing any footage over to anyone.
Click to expand...
My understanding is that a "work for hire" contract needs to be signed in order for the client to have actual full ownership of the footage. If no contract was signed (as is often the case on small shoots), then the rights to the footage belong both to the client who paid for it, and the person who filmed it.
 
My opinion (not a lawyer): know who is liable before you give the film to anyone. If you are Producer and/or Director, I'd hold on to it (unless you are legally required to hand it over). For example, if you gave any direction at all, ("could you move a little bit to the right the next time"), you become involved and possibly liable. They'll use the audio along with the visuals when reviewing it.
If you were a hired below-the-line employee (and can prove it) - i.e. "cameraman", I'd be less concerned. Plus, as noted above, in that case it's not your footage anyway. I vote with those who suggested that you see a lawyer. There's gonna be a lot of kicking and screaming in the future about this (because of the possible injury), and you'll want to know what is truly a threat and what is bluster.
 
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