NBC ripped off 5 mins of our footage. How much should they pay?

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Don Schechter

Don Schechter

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Short version of the story. MSNBC took 5 minutes of footage of our documentary without our permission and broadcast it on a show along with a "review" of what we filmed over a year ago. I am trying to settle this with them but am unsure what the going rate is for something like this. It is beyond fair use and major infringement...but that's the lawyers' concerns. Anyone have an idea in terms of if they hired us ahead of time to do this?

And yes, they used it for 5 minutes on a popular news show.

Thanks.
 
Well, there's always the sleuthy solution:
Call up [some other department at] NBC and (without announcing who you are), ask them what their buyout rate is for 5 minutes of prime-time footage [pick something similar to what your doc was, but not the same] that you'd like to use in a video production for sale, and possibly later national broadcast ("if it gets sold").


- Mikko
 
Are you suggesting I ask how much 5 mins of their footage would cost if I wanted to use it myself? That's a tough one I thought because it all depends on what the footage is....that's why they dont put prices on their archives online.
 
No, I think he's saying that you should ask what they would have paid you for similar footage in a similar situation, without giving yourself away :).
I don't want to put words in Mikko's mouth, but that's how I understood it.
 
There is no set figure on the shake down, man.
They will either pay you a sum you invent ot they will spend alot of money in court and then pay you. Because of this, you can get pretty creative with the figure you hit em with. When they steal material, they know they are rolling the dice. You caught em, it can be proven and they will pay you a handsome fee for it.
50k sounds like a good round nymber to me. Less and you are selling yourself short. More and they may fight it, costing you time and money in the process.

you may wanna get even more creative.... call up the production manager and work out a retainer fee for your valuable services for the next year or two...
 
I was refering to asking what NBC would charge for the footage if the situation was reversed. - Of course you'd have asked first though, so that needs to be factored into what you will charge them for not asking.

- Mikko
 
It goes beyond what the going rate is , you also need to factor in damages (both real and punitive).
 
Right. I'm almost too cheap to pay a lawyer $400 an hour to deal with this. Originally I just wanted to the festival rights to some footage and then would call it a day. But this is what happened:
1- They got a DVD of footage I shot about an opera based on Tonya and Nancy from someone in the show. It had my contact info in the video and our logo on each frame of video.
2- The show used an entire segment to "review" the opera based upon my footage. They put the MSNBC logo on top of our logo and even flashed my phone number which was on the beginning of the video for 2 seconds (and I even got calls because people Tivo-ed it).
3 - They then left it (the entire show) on the internet for the following 1.5 years.

My documentary is not out yet. I know there might be "statutory" damages along with payment but from what I'm reading what that amount is is unclear....
 
so..to follow up. does anyone know who specifically I should call (in terms of a role) or has anyone sold to cable before?
 
dude, a lawyer.
they dont make a living frmo people who can afford their hourly rates, they do it by getting you 50k and keeping 15 of it. If you tell a good lawyer your story, he will take the case if he knows he'll make money and pass if he thinks he may have to work for it. He'll also educate ya on what to say and to whome if he passes and telsl ya to go it alone.
this is your first call. I would not give defense time to cover their tracks.
 
you need an entertainment attorney. this probably pretty much boils down to a few phone calls and a formulaic response. You will end up with more $$ by going through the right lawyer. You will probably get run around and low balled if you try and handle this yourself.

best of luck.
 
Don Schechter said:
Right. I'm almost too cheap to pay a lawyer $400 an hour to deal with this. Originally I just wanted to the festival rights to some footage and then would call it a day. But this is what happened:
1- They got a DVD of footage I shot about an opera based on Tonya and Nancy from someone in the show. It had my contact info in the video and our logo on each frame of video.
2- The show used an entire segment to "review" the opera based upon my footage. They put the MSNBC logo on top of our logo and even flashed my phone number which was on the beginning of the video for 2 seconds (and I even got calls because people Tivo-ed it).
3 - They then left it (the entire show) on the internet for the following 1.5 years.

My documentary is not out yet. I know there might be "statutory" damages along with payment but from what I'm reading what that amount is is unclear....
Click to expand...

If you are too cheap to get a lawyer for this then chances are you will not get a dime, or a very "cheap" offering.
Get a lawyer to take the case on a percentage basis. There are lawyers that will do it for 30-40% depending on whether it goes to court or is settled prior to that stage.
One question that will have a deciding factor on the case is how did they get the DVD if it isn't out yet? Maybe the person who gave it to them siad they could use it and so they may have assumed they had the right to broadcast it.
This and many other relevant questions will be up to your lawyer to get answered.
 
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