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Re: Who owns raw footage?

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Bruce Bennett in Madison, WIRe: Who owns raw footage?
by on Dec 1, 2007 at 2:57:35 pm

[Rennie] "Advertisements, promo videos, music videos, movies are all like dreams, and who ever 1st conceives the original vision owns copyright. Just because we film it and add our visionary skills in lighting and composition to it's creation doesn't over ride the original creators copyright. If we script it, storyboard it, and create the overall concept, then we own copyright. In many situations this is a joint creation between you, the technical creator and the client."

I think this is an area where many people do not understand what can and cannot be copyrighted. I believe your statement is probably false since ideas, dreams and concepts are not "things" and are NOT considered copyrightable works. My lawyers said that in order for a work to be copyrighted, it MUST be in a form in which it can be reproduced/duplicated. Dreams, ideas and concepts are not "works" -- they are dreams, ideas and concepts. The idea or concept needs to be written, sketched, painted, etc. in a physical form that can be reproduced (i.e., script, storyboard). No physical form = no copyright.

This goes back to my original statement that people must understand that composing an image is NOT the same as creating/recording something that is physical (i.e., negative, painting, tattoo, etc.) in which the physical image can be duplicated/reproduced. It must be a "finished work" in order to be copyrighted, and he/she who creates the finished work (not the idea or concept) owns copyright.

Bruce


Bruce Bennett,
Bennett Marketing & Media Production, LLC - http://www.bmmp.com


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