Intellectual Property Rights and other stuff

TubEfingers

TubEfingers

Well-known member
ok, i'll start at the beginning,
i work on corporate/promotional video,
the production company i worked for has gone bust,
whilst i was employed there i never signed a contract,
all footage was shot using my own kit,
i am in possesion of all tapes/footage shot, do i own the rights?
i've spoken to an IP lawyer who claims i do own the IP, although the clients did sign terms and conditions with the (now liquidated) production company,

i've been in touch with several of the clients, some are keen to get the outstanding work done and are happy to pay me on a freelance basis to complete said work,
others just want to get the tapes of interviews/footage shot,
so i'm offering to release the tapes for a minimal fee,

now i'm a cameraman/editor and i'm not too clued up on admin in terms of comtracts/release forms to sign that release the footage to the clients,
any ideas on where i can obtain templates or advice online?

i know this is pretty vague and maybe even on the wrong forum for this kind of thing but any help is much appreciated, thanks
 
My understanding is that unless there is some other arrangement, the creator of the art is the owner of the art. And the frames on those tapes are the art...
 
The creator of the art, as far as the law is concerned, would likely be the employer who hired you to create that art. In a case of a work for hire, the one who employs the artist to create the work is considered the copyright owner and the legal "creator" of the work.

If you're in possession of the tapes, that probably doesn't mean much more than that you're holding company property that you should return to whoever the executor is.

If the company truly doesn't exist anymore, if it's gone bankrupt and all debts have been discharged and the whole place has been dismantled and sold off, then you may have a case for proceeding with the work directly with the client. But if the company was bought out by another company, then it's likely that all assets would be expected to transfer over, meaning the tapes you shot should go to the surviving/purchasing company, and the right to finish the work would vest with that new company.

Now, if the new company doesn't care, then you're probably free to proceed.
 
thanks both for your thoughts,
I attended the creditors meeting,
the company dealing with the liquidation is a firm of accountants who are winding down the production company on a formal basis,
their representative told me that he did'nt know who owned the IP rights, and didn't seem to care,
so....................
 
If it's being liquidated, then whoever buys up the IP rights at the liquidation would inherit the rights to the footage you've got.

Most likely. But speculatively, because hey, this is the internet after all, and only a licensed lawyer in your state can actually answer all these questions.

Can you find your former boss and ask him/her?
 
Here in the UK it's standard practice to put this information in the contract of employment. Anything produced, including intellectual property, during the course of employment belongs to the employer. In your case, you have the tapes, but even if they are your own tapes, you only own the physical media. The content was recorded for your employer. Here, you wouldn't have a leg to stand on - maybe it's different and not standard in the US?
 
No, it's pretty much the same here. Work created by an employee during the course of their employment, belongs to the employer.
 
If someone makes a really stupid video can it still be considered Intellectual Property?



:)
 
Last edited:
paulears said:
Here in the UK it's standard practice to put this information in the contract of employment. Anything produced, including intellectual property, during the course of employment belongs to the employer. In your case, you have the tapes, but even if they are your own tapes, you only own the physical media. The content was recorded for your employer. Here, you wouldn't have a leg to stand on - maybe it's different and not standard in the US?
Click to expand...

but that's the thing, as i mentioned in original post i never signed a contract of employment, so where does that leave me? i am uk based
 
Were you employed? Did you draw a paycheck? Were you considered an employee? All would be major factors, especially in a US court.

Well, not only are none of us qualified to dispense legal advice at all, much less to a UK user, so now it enters the realm of contacting the company or a lawyer to see where your rights fall.
 
I'm with Barry on this one.

TubEfingers said:
i've spoken to an IP lawyer who claims i do own the IP, although the clients did sign terms and conditions with the (now liquidated) production company,
Click to expand...

Honestly a UK based IP lawyer is going to be able to give you a much better idea than anyone on this forum.... if you still feel you haven't gotten the best advice I would highly recommend finding another lawyer to talk to.
 
i'll be chatting to another lawyer next week, wanted a different perspective on things in the meantime,
thanks to all who responded
 
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