What do you think? Ownership question

SurJones

SurJones

Veteran
Okay, so I did a 2min promo video for a client. It was not contracted, just threw it in for some experience for company. (took about 15mins of time to shoot no biggie)

1) About 13 people in the video. Are release needed to be able to legally show on the websites even though they all saw the camera and no one opposed.

2) Do I own the raw and edited since they did not pay for it?

The client is doesnt want to get releases on the people (I provided releases after the fact since he did not have any) But yea he doesnt want to ask them to sign, and I want to make sure I of course can legally use them on my site as well as his, cause if I own then can be sued or sent a cease to desist on the video until the person(s) is removed.

thanks for your input!
:)
 
1) Yes! Sorry to say, that you SHOULD always get their release forms. You never know when somebody who was completely happy and cooperative suddenly doesn't like how they were portrayed in the commercial, or changes their mind. The release form protects the company's and perhaps your ass, as well.

If you have the ability, it can only help. On the other hand be sure to be ultra friendly and calm when asking talent. Sometimes inexperienced actors will get jumbled and nervous about all the legal mumbo jumbo in a release form. You're best to give a quick and harmless sounding explanation of the form, while adding the fact it is a standard form for all film and television productions. Making them think it is a simple and common form (which it is) eases their anxiety to sign something they may not fully understand.


2) I'm not sure how this works. Usually the company owns the footage because they paid for it. Since they didn't... there might be a chance you might have ownership of the footage. But remember that the footage is of the company, right? So since you do not have release forms from talent, or the company, which owns their own image, they could make your life hell if they wanted.

It sounds like you have a good relationship with the company at this point. I would draft up the release forms, and explain to them that it will protect them from possible legal issues. Any company who turns down this simple precaution deserves to be sued. In addition write up a little agreement that you have the right to use the footage for self promotional use.

If you have a good relationship with the client, they should not have a problem with you, the artist, being able to show your work to get future jobs.

Hope that kinda helped although I just stated the semi obvious.

PS: Look into the ownership issue. That is simply my assumption.
 
Yea the releases were sent via email - Client just doesnt want to have the people in the video to sign.

The ownership issue seems in my favor since I shot it raw and edited, but I would think doesnt give me the right to put on website with out the companies permission. (only thinking about it, thoughts?)
 
Yeah, that is what I was saying. You may have the rights to the actual video, but you don't have the rights to what is on the video... the company's image.

I can't just walk into a McDonalds and shoot something (even with a managers ill decision to let me) and expect to use it without the chance of Corporate McDonalds sending me a cease and desist letter.
 
Exactly - I talked to my lawyer (he's not a entertainment lawyer) and he said that he thinks it should fine fine, and doesnt know why this client doesnt want to protect his butt and get releases on these people. Worst case scenario I blur everyones face, so I can put on my site! lol

As for ownership - still a gray area since I told the client I would shoot the video for gratis - but I still think we have the above ownership idea as above (rights the video but not the people or company logs on vans)
 
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