copyright questions on first job

P

plaidclad

New member
Hi
I am editing some segments for a tiny magazine. the segments will be put onto DVD and sold to the readers. The editor of the magazine has expressed interest in streaming clips of the edited piece on his website.

Since our original agreement was for DVD distribution only, does he have to get special permission from me to stream it? I am just wondering who actually 'owns' my edit, me or him? If he wants full rights, does he have to pay extra for them?

Would appreciate any help or advice on this.

shelby
 
That is the sort of thing that is usually stipulated in the contract. If it is not then GENERALLY the person who pays someone else to create something for them is the copyright holder.

For example, if I create a piece of music and someone wants to buy it from me, I can say how and where the music can be used. But if someone hires me to write some music for him then the music is his unless otherwise stated in our contract.

Sounds like you can charge more for the re-encoding for the web but the cash flow probably ends there.

Cheers
 
I wouldnt be too greedy on this. Sounds like he hired you are a work for hire. He owns the material, in my opinion. Why not render it for the web for a few bucks? It may lead to more jobs. Personally, people that go beyond our agreement get hired by me alot. The ones that are ticky tack on every little thing I never go back to. Plus you can add this to your portfolio and its out there on the web.

MY two coppers.......
 
Works for hire can be complicated under the copyright law. See http://www.copyright.gov/circs/circ09.pdf for as definite an answer as possible without consulting an attorney.

With that said, if it was simply an internet freebee being offered, I'd just make sure I was credited properly on the streaming bit. However, if it looks that he is going to extend his right of distribution even further, I would get an attorney to review the situation and clarify exactly what's what.

And, in the future, I'd be more careful in having this definitely declared from the git-go. Whenever I've used footage from other cameramen, I always commented on his check "Work for Hire" as well as had a signed release from him to that stated he was commissioned by me to do "work for hire". That precluded any misunderstanding in the future regarding what control they had over their efforts from that point forward- none whatsoever.
 
You must log in or register to reply here.
Back
Top