My Footage Used In NBC Commercial Without Permission

timmilgram

timmilgram

Active member
So I just stumbled across a commercial on NBC's website for an upcoming TV show, and in that commercial there are two quick clips of footage that I own that they took from my YouTube channel. Nobody reached out to me to ask to license these clips. Before I reach out to a lawyer I was hoping I could see if any of you know the legality behind this, or if any of you have experienced something like this and took action.

Would appreciate the advice!
 
It's happened to me. I got completely shafted. If you can afford an intellectual copyright lawyer, go take them down.
 
rob norton said:
Realistically how much time and effort will this all cost? Do you think it's worth it?
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The ONLY way to deal with this is a group; it takes money to fight something in court and at the moment, NBC has the deeper pockets.

But if 1000 video guys contribute XXX dollars for annual membership, then you have a war chest.

Then you can fight a case in court and set a precedent.
 
Indeed, you can expect that NBC and the like have been challenged before. They know what they can and can't get away with. The price of doing this has not yet passed an unacceptable threshold. They will do it because it is economical. When it becomes uneconomical (lawyers fees), they will stop. You can bet this won't ever go to court. They already know how to handle this. In the unlikely case an action, after months (years?) of delaying actions, finally makes its way to a court date, NBC will probably settle for a fee, and the lawyer will take 40% off the top.

There may be precedent that actions of this nature are unworkable. The first step is to read up on this subject and see what the outcomes were. If negative, and you still want to pursue it, then you need to find a lawyer that has great expertise on this subject (i.e. a law firm that used to work for NBC).
 
Paul F said:
Indeed, you can expect that NBC and the like have been challenged before. They know what they can and can't get away with. The price of doing this has not yet passed an unacceptable threshold. They will do it because it is economical. When it becomes uneconomical (lawyers fees), they will stop. You can bet this won't ever go to court. They already know how to handle this. In the unlikely case an action, after months (years?) of delaying actions, finally makes its way to a court date, NBC will probably settle for a fee, and the lawyer will take 40% off the top.

There may be precedent that actions of this nature are unworkable. The first step is to read up on this subject and see what the outcomes were. If negative, and you still want to pursue it, then you need to find a lawyer that has great expertise on this subject (i.e. a law firm that used to work for NBC).
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If you settle out of court; then a precedent has not been reached.

You have had a once-off win but the law and your rights have not been tested and upheld; so it will happen again and again.

sidenote; don't mess with "Paul F"; his thinking is genius
Paul F said:
If negative, and you still want to pursue it, then you need to find a lawyer that has great expertise on this subject (i.e. a law firm that used to work for NBC).
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I see this from a totally different perspective. I sold footage to BBC, Danish TV, Russian TV and other international networks and they all were above board and wanted to get permission to use footage. I think you should contact NBC directly, point out how it is your footage and show them where you have it posted. Then come to an agreement over a license fee. Most likely someone else "sold" them your footage. My bet is they would want to do the right thing. James
 
The first question I have is… Are/were you using any copyrighted material in your video? If yes, then you have a much tougher fight.

My first thought is some junior editor grabbed some footage that worked (yours) and plugged it in. No one subsequently thought to check on the legalities of the usage. I would first send a certified, registered, return receipt letter to the NBC legal department delineating in detail the issue; include documentation certifying your copyrights. Their response will dictate your next move.
 

Also, remember theres a chance someone grabbed the footage and sold it to a stock footage site, where NBC thought they were purchasing it legally. Use a keyword search and see if it turns up on .....Stock.com.
 
I worked for a Network that ran unlicensed footage, cost them $20k for each use/clip.
I say, hire a lawyer, file some paperwork and see what happens. Just don't go down the financial rabbit-hole.
 
bill totolo said:
I worked for a Network that ran unlicensed footage, cost them $20k for each use/clip.
I say, hire a lawyer, file some paperwork and see what happens. Just don't go down the financial rabbit-hole.
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Considering that $20K per clip is nothing to s network, IMO, it's easier to get paid.

And, perhaps, even earn a credit for the work.
 
Don't do anything on your own. Contact an IP attorney (New York has several good ones). Is the footage registered for copyright? If not, you can still collect actual damage. If yes, you can collect quite a bit. If you write a letter to NBC, they will blow it off. If an attorney writes a letter for you, they will investigate the attorney to see if she has any trial experience. If not, they will blow it off. So, you need to engage an IP attorney with actual courtroom experience who knows the judges. Once you have engaged an attorney who can and will take them to court, they will pay up. There is an excellent B&H video about this on Youtube.
 
Did you contact NBC and ask for an explanation?

And as others have mentioned as well did you video contained content from third parties as well?
 
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