Using someone elses footage

[egproductions]

I was hired to produce a promo video. The client has also provided me with footage from their last promo video that was not produced by me. Am I allowed to use this footage? Should I be asking the client to be signing something or having him provide me with something that the last producer signed to release the footage to me for editing? There are no credits in the promo video (although I might put my logo at the end).

Thanks!

 

[paulears]

If the client owns it, then obviously you can use it. When I produce a promo, I assign copyright to the client - I have never found a client willing to spend serious money on something they cannot use without reference to a third party. You can't assume that of course, so why not just email them, and just ask them if it's copyright cleared material or is it their's - give them a choice and when they respond, that's enough to cover your rear. It can be ver tricky sometimes. I edited a showreel for someone with the material given to them by a big broadcaster. The person confirmed to me via email that they have the necessary permissions - Personally, I doubt this is really the case, because the content would be very difficult to clear - but she's given me the get out of jail card that keeps me happy enough.

 

[Finn Yarbrough]

Paul is right. All you should need to do to cover yourself legally is perform "due diligence," which in this case would mean an email to your client so that they confirm, in writing, that they own the rights. As long as it's not something you already know to be pirated, like Aladdin or something.

You probably don't need a signed contract stating that they own all rights unless you are planning to transfer the rights to yourself in order to capitalize on them down the road (like residuals or royalties). But it doesn't sound like that's the case.