Questionable claim on intellectual property rights

[Alex H.]

I have been helping out a young film maker who is attending a state university. He's really just getting his start, and I've been pointing him to useful resources (Directing Shot By Shot, the Sound for Film and Television DVD, etc.), as well as offering critique of some of his short productions.

In a recent conversation, talking about legalities like shoot permits and the like, he mentioned something that seemed kind of shady. At his school he belongs to a student film making organization... a club. Apparently, teh club has purchased some equipment, including a camera, and they claim that any student productions made on the club's equipment is property of the university. Does this sound right?

I know that, if in the employ of a production company or network, they claim intellectual property rights for anything conceived or penned (or spoken aloud) on company property/time. But this is not an employment situation. If he borrows my camera, I don't claim to own his film. If I rent a camera and lights from our local rental house, they don't own my production. So how can the university claim ownership? Seems to me that he could even claim "rental," since his participation there is resultant of his tuition.

Thoughts?

 

[Casalen]

Is there an agreement he has to sign in order to use the equipment? If so, it could include a clause like that. But otherwise I don't see any way it could happen. At least from my understanding. These things are always pretty questionable, since there isn't a lot of clarity without written agreements. Without one I'd be tempted to say it's the rental route.

If they do include that in the agreement, it's a load of crap and he needs to find another camera to use.

 

[Cheesesailor77]

I thought most schools were like this? I think it just doesn't come up that often and schools pretty much look the other way, but for some reason I was under the impression that many film schools "own" their student's work.

 

[pmark23]

When I went to University, all of our film projects we shot belonged to the University. We had to sign a waiver and everything.

An AV club -- I don't know. Sounds a little sketchy. But it's their equipment so they can say what they want. Probably they just don't want people using their equipment for commercial purposes.

 

[Parker Yates]

At my school, their clause states that students have the rights to the film, but it may use the work to promote the school in a positive manner if the students allow them. The student work is the intellectual property of the students involved. If I learned that I didn't have rights to a film I made in school I would undoubtedly challenge the system. If they were to use my work without consent, I would ask for the line I signed that stated I was willing to give away what I worked on. That being said, every club and organization should have bylaws that are created to combat shades of gray. If your club doesn't have any, bring it up in a meeting. Structure is important in business and filmmaking.

 

[Jon Starr]

Sounds normal.

For my school, anything that's school related they have the rights to.

We also have a television station that's only half part of the school and half independent. We can borrow any equipment we want as long as we credit them and they get the rights to show it on their station. Basically we make something with their equipment and the deal is they use our work as content for their station.

Honestly, if it's their equipment, they can do what they want with it. After all, they're lending it out for free, it's only right to have strings attached to it.

As for the legalities behind it... who cares, you're getting it for free. If you want no strings attached, rent-

 

[Mike Harvey]

... If he borrows my camera, I don't claim to own his film...

You do if you make him sign a contract upon borrowing your camera stating that whatever shot with your camera is your intellectual property. He may be in that situation with the club's gear.

It does seem odd though that they would do that. I can see not wanting it used for commercial purposes, but you don't need to claim ownership of the IP to prevent the use of school/club gear for commercial purposes. I would have him find where exactly it's written, because that does sound a bit much, especially if he's planning on using it for demo reel stuff.

 

[Alex H.]

You do if you make him sign a contract upon borrowing your camera stating that whatever shot with your camera is your intellectual property. He may be in that situation with the club's gear.

Of course, and I know that written agreements/waivers/contracts certainly make this a moot point. But I do not believe that the students have signed any written agreement on this, especially because he just recently found this out from the school even though he's used their gear for a couple of projects. If he'd signed that agreement, he'd know (while many folks sign stuff without reading, he's more on the ball than that).

 

[Mike Harvey]

...If he'd signed that agreement, he'd know (while many folks sign stuff without reading, he's more on the ball than that).

Yeah, I'd have him get that in writing... cause if he didn't sign anything, and they just sprung that on him verbally, it's questionable at best unless it's a written rule in some rulebook and he just didn't bother to read it. :huh: