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All this would matter if this footage were to be aired. As I stated to him and here, it's a pilot. It's the demo that will sell the series...at which time we will start to shoot the series that will air.
Had I just stolled through with my miniDV camera like the rest of the people he charges to walk though there, I would not have heard from him. When he saw production value, he saw dollar signs and changed in an instant.
Dude, do your thing. I had a guy call me about suing over some photos a person took for me and they wanted $500 a photo. (We didn't have any agreement). The photographer was like "I like to know where my photos are ending up." As if they were photos of her or something. She acted all shocked they were being used for publicity. (This was all because of a bad situation they got in with me, they thought they could get over).
I was like "Hm, really, I bought the film for the camera. Hm, what else, let me look at all these emails about how you'll be following the whole project and you were happy to be apart of it. As well as all the other info that clearly states you were aware of our intentions.
People threaten BS lawsuits all the time. If you push back just a little, you can find out whose serious and who isn't. We took the photos down anyway as they became obsolete the day I bought my 6 megapixel Kodak and we moved on to a new project. One of the photos on my DVD cover was taken with that camera and no one knows it. (I guess you guys do now).
-Nate
Actually, just because you hired someone to shoot something, doesn't automatically make it theirs. If you gave them a video camera to use and bought the tapes, a court would probably rule in favor of the person paying instead of the person shooting. ....
Matthew
Anytime I have created anything under the umbrella of a company, they have ownership of it.
If you staff at a big place, it's most likely in your contract.
I created a show called Beyond Backstage when I worked for SFX Entertainment and sent it off to one of our best clients. She dug it and went with it but because I sent it unsolicited, I had no recourse. When the company I was staffing for revamped it, they saw it cheaper to do it themselves and squeeze me out.
The client I sent it to, Sharon Osbourne, did indeed pitch and sell a clever reality show from the idea to MTV and SFX went on to do the same, finding placement on VH-1. Both shows raked in millions and ran for several seasons.
all I got was stupid t-shirt saying I was dumb enough to show initiative as a staffer.
Case in point...the check writer owns all. The creator only does if the time to protect it is taken.
Dude, you were so like totally wrong about ownership of the photos. The creator of a copyrightable work such as a photograph owns the copyright as soon as the work is fixed in tangible form. If you hire a photographer and pay her a fee to shoot pictures for you SHE owns the pictures and retains absolute control over where they can or cannot be use, not you, even though you're paying for the film, lab, travel, and whatever. What you own is a right of first refusal, if anything. The reason you don't own them is you said you didn't have a written agreement. For you to have owned the pictures and been freely able to use them where you wanted, since she was not a regular employee of yours under the IRS definitions of "employee", according to the copyright laws you MUST have a prior agreement IN WRITING and the agreement MUST use the EXACT words "work-for-hire" to describe the nature of the business relationship. If it's not a work for hire, you need a written contract that spells out what rights paying her fee has licensed to you to use the pictures she shot for what purpose, in what geographic area, and for what period of time. Without one of those written instruments, you're just plain SOL if she refuses you permission to use the pictures for a particular purpose since she, not you, owns them.
Here's the thing, most "freelancers" are really employees-or at least supposed to be. Even if it's a 1 or 2 day shoot, the IRS treats them as an employee since they (normally) are told what, when, and where to do their job. Now, does everyone do that for freelancers? (Pay the employers share of FICA) No. But it is a tricky thing to decipher when you look at the law. And just because it seems like it's clear cut, when it gets into court, clear cut doesn't mean jack.
Matthew
No need to make it complicated. If someone hires you to make something and they pay for it it is theirs. If you are an employee, you are creating for your employer. Id you signed a contract stating anything you create while under their umbrella, it's quite the no brainer and most do sign something like this when they go to work for someone on staff. It aint a non compete... it's ownership of content created. This was the case when I created Beyond Backstage. It's not something that was ever mine.
The reason you don't own them is you said you didn't have a written agreement. For you to have owned the pictures and been freely able to use them where you wanted, since she was not a regular employee of yours under the IRS definitions of "employee", according to the copyright laws you MUST have a prior agreement IN WRITING and the agreement MUST use the EXACT words "work-for-hire" to describe the nature of the business relationship.
If it's not a work for hire, you need a written contract that spells out what rights paying her fee has licensed to you to use the pictures she shot for what purpose, in what geographic area, and for what period of time. Without one of those written instruments, you're just plain SOL if she refuses you permission to use the pictures for a particular purpose since she, not you, owns them.