Copyright Question

avp

avp

Well-known member
My production company, along with another production company, has been involved in producing a short video. This was all volunteer (cast, crew, screenwriter, etc.) My role consisted of contacting a casting director, initial consultation with the screen writer, scouting locations, taping auditions, videography of a few scenes, boom mic operator, and I composed 3 songs for the project. My wife created a couple costumes.
The other person (production company) was the primary videographer (we used his camera to shoot in hd) so the task of editing fell on him.
To make a long story short, after a falling out between the screenwriter and myself, there is an issue as to who owns rights to this project, in part or as a completed project.
Also, there is the issue of close credits. I have a high work and business ethics, personalities and disagreements aside, I feel credit where credit is due. The screenwriter wants to not include me in the credits at all and assign the other producer a "copyright" to the project.

So...as a collaborative volunteer project amongst some very talented and giving individuals, who own this movie? Can it be copyrighted and if so, to whom?

Any input would be greatly appreciated.

Ciao ! Jeff
 
I say you should have thought of all this before hand. But, shoulda, coulda, woulda don't count. I would tell them to buy you out, or not use what you contributed unless they want judges and lawyers involved.
 
You're all hosed.

Without agreements in place, an argument could be made that the writer ultimately controls the project since the film is a derivative work off his original screenplay. But without agreements in place, you could also claim rights to the original song compositions. Then, there's further complications of whether the work performed was intended as a "work for hire" in which case the copyright vests with the person who did the hiring, not the person who did the work. Yet without agreements in place and money changing hands, I think what you have there is a morass that nobody can claim.

Furthermore compounding the issue is that I'm not a lawyer and may not even have a good grasp of what I'm talking about here. :) I think I do, but since you're in California, only a California entertainment attorney can answer definitively.
 
Thanks Barry

I highly respect your input. I think I speak for most on this forum that your time put into reading and responding to our posts is greatly appreciated.

Ciao...Jeff
 
Capt Quirk said:
"Gee Capt, thanks for taking the time to try and offer your thoughts!"
"Any time!"

:)
Click to expand...

Ooops!

So Sorry CAP'n

I did mean to thank you personally. I do appreciate your input and have read many of your posts. "Credit where credit is due".

Again, my sincerest apologies for lack of gratitude toward your camp...

I owe you a beer -------->:beer:

All the best....Jeffro
 
Sure... just about break your neck to jump over me and suck up to Barry, then try to smooth it over by offering me a beer like some cheap slut in a Best Western lounge?

Better make it two...
 
Every artist who contributes to a film owns that part of the film, unless there's an agreement to the contrary. And since you can't tease apart the performance, the costumes, the lighting, the cinemtography, and the script from a film, Barry's right, you're all sort of hosed unless you can come to an agreement. Your costumes are your art, and as such, you own them unless the production company got rights to those costumes in writing. Everyone owns their own creative contribution in the film, unless there's an agreement to the contrary. The film can't be copied or distributed without every single artists approval (or you find a way to cut out that artist's contribution).
 
Capt Quirk said:
Sure... just about break your neck to jump over me and suck up to Barry, then try to smooth it over by offering me a beer like some cheap slut in a Best Western lounge?

Better make it two...
Click to expand...

:beer::beer::beer::beer:

Cheers!
 
sean90291 said:
Every artist who contributes to a film owns that part of the film, unless there's an agreement to the contrary. And since you can't tease apart the performance, the costumes, the lighting, the cinemtography, and the script from a film, Barry's right, you're all sort of hosed unless you can come to an agreement. Your costumes are your art, and as such, you own them unless the production company got rights to those costumes in writing. Everyone owns their own creative contribution in the film, unless there's an agreement to the contrary. The film can't be copied or distributed without every single artists approval (or you find a way to cut out that artist's contribution).
Click to expand...


...Thanks Sean
 
well you likely own the copyright to the songs you composed. Copyright is created when you take a creative work and affix it in a tangible form.

As to the main issue, the real question you should be asking is; does a contract exist between you and the other film maker? an express oral contract: hey we are going to produce this short together, share credit and any benefit derived from it OR an implied contract: the actions each one of you took amounts to an agreement because they were done in obvious anticipation of sharing the benefits.

Sadly you will need an attorney to navigate these issues. It would be best to try to mediate this between the two of you if not a lot financially is at stake.
 
bosindy said:
well you likely own the copyright to the songs you composed. Copyright is created when you take a creative work and affix it in a tangible form.

As to the main issue, the real question you should be asking is; does a contract exist between you and the other film maker? an express oral contract: hey we are going to produce this short together, share credit and any benefit derived from it OR an implied contract: the actions each one of you took amounts to an agreement because they were done in obvious anticipation of sharing the benefits.

Sadly you will need an attorney to navigate these issues. It would be best to try to mediate this between the two of you if not a lot financially is at stake.
Click to expand...

Thank you very much...

I don't think a lot financially is at stake. Unless the short wins some fabulous award at a fest and there is fame, fortune, and glory attached to it. :laugh:

I did this project for the joy of creating...not so much for what I could "get " out of it but what I could contribute creatively. And, with any project, comes experience and knowledge.
I do know the importance of contracts...that's not new knowledge from this project...but I have a hard time crossing that line from Creative artist to "Joe business man". That BA in business didn't give me an instant love for the business end of things. I guess I like to see the best in people. But...buyer beware.!

Thanks...Jeffro
 
Copyright your songs!

Copyright your songs!

[FONT=Verdana, sans-serif]I'm not a lawyer, and I can't comment on the copyright of the film, but without a written agreement saying otherwise, YOU own the copyright to your songs. If you haven't already done so, I recommend dropping everything and mailing your copyright application TODAY. If you don't, whomever winds up with the copyright to the film WILL screw you over and claim copyright to them.

I'm not trying to sound bitter, but I've worked in the music business for 15 years. I've been burned by former band mates, current band mates, even employers and (now former) best friends. I can't imagine the film industry being any different. [/FONT]


[FONT=Verdana, sans-serif]This goes for anybody writing songs for film, TV, the web, etc. Copyright your songs first, then give them to the people you write them for under a synchronization license, assuming you're not work for hire. And, if they don't say you're work for hire in writing, you're not.[/FONT]


[FONT=Verdana, sans-serif]Not to sound like I'm picking on anyone, but get EVERYTHING in writing before you do ANYTHING. It can't be stressed enough. If you don't have it signed and in writing, do not give them anything. They will screw you every chance they get.[/FONT]
 
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