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Ken Cooper
Stock footage or music transfer
on Feb 2, 2017 at 8:57:18 pm

Hey Guys,

I have a 2 fold legal question about stock footage and stock music I can't find an answer to. As a production company I pay for the right to use a stock video or a stock music bed on a single client project that meets the license requirements.

Question 1 Now I have a client that I used a lot of stock in his 3 minute video. Once finished he wanted me to send him a copy of all the stock footage to keep for his files, because he thinks he paid for it. Plus he wants every license made out to my production company for his project.

I know what I think about this, what is Your Take?

Question 2 I did a 10 minute video for a client that he drug out over 8 months. It has stock music and stock video I bought for him to be included in the project.
He now has decided to go to another production company, paying what he owes me. He is getting all my work and footage that I shot for him. Plus all Premiere
editing files as he should. But he wants me to give him the copies of the stock footage and music I used and the licenses for them that were assigned to my production company for his 1 project. What's your Take? Thanks so much Guys

Best regards,

Ken Cooper


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Todd Terry
Re: Stock footage or music transfer
on Feb 2, 2017 at 9:11:54 pm

You'll have to look through the licensing agreements that you have for the stock footage and music... but I suspect that when you purchased them, those rights went to you and are likely non-transferrable or re-sellable. That would be the norm. You'll have to read the agreements, though.

I've never had this exactly happen, but my better half Kim who is a graphic artist has had it happen frequently. She'll do some big graphics project for a company, maybe a logo development, or create a brochure or something, and will give the finished project (and maybe rarely the project files) to the client. She's then had numerous times a client reach out to her at some later date and say something like "We're making a little flyer...." or "We need to make a banner for..." followed by the dreaded "...but we're just gonna do it in-house." Followed then by the same exact question every time: "Can you email me the fonts you used?"

She has had to repeatedly explain that fonts are a product that are bought and sold, and that while there are scads of free fonts floating around, many of the ones that real graphic designers use are ones they purchased, and some are quite expensive. You can't just give them away, it's a bit akin to pirating music.

What she does do is send them a link, kindly pointing them to the source where they can purchase the font themselves.

I think that's what I'd do in this case... point this now-former-client to your sources where they can purchase the same music and stock footage rights themselves... then everyone would be in the clear.

I definitely wouldn't give it to them.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com



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Tom Sefton
Re: Stock footage or music transfer
on Feb 3, 2017 at 9:33:28 pm

He absolutely should not get your premiere editing files. It could be argued that he doesn't even have the rights to the rushes just the finished project, but if you are feeling charitable and want to get rid of the client, send all rushes without ANY project files. They are your IP, your work, your experience and your property. He is not owed them, unless you agree a substantially higher fee.

Co-owner at Pollen Studio
http://www.pollenstudio.co.uk


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Ned Miller
Re: Stock footage or music transfer
on Feb 4, 2017 at 4:12:09 am
Last Edited By Ned Miller on Feb 4, 2017 at 4:16:50 am

Hi Tom,

I think it all depends on WHY they want the project to go somewhere else. If Ken's relationship is with an exec who can give him future work, yet due to circumstances out of his control this particular project is ordered to go to another video vendor, then Ken should be cooperative. I have been in that situation a few times and wanted to withhold any cooperation, out of spite but also my bruised pride.

I had a client who told me to send all materials to an out-of-state agency, I told my editor to remove the labels off of about 40 betacam tapes and not include any shot logs, releases, names of music tracks, project files etc. He talked me off the ceiling after giving me a couple of days to cool off, and I'm glad he did. My client had no control over this, execs way above him called the shots and had hired a new agency. One of the world's largest credit card company so people do what they're told to do.

Long story short, the project ended up coming back to us after a few months because the advertising agency that tried to re-edit our videos was extremely expensive, not too good and very slow. There were about 10 foreign languages and narrations involved, so no way they could figure out the mess!

In sum, it all depends on the circumstances, and yeah, you can pull the IP card, to me that's a cry-baby move, but if they paid you what you had asked, then it's polite to just let them have it all.

My .02ยข

Ned Miller
Chicago Videographer
http://www.nedmiller.com


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Ken Cooper
Re: Stock footage or music transfer
on Feb 4, 2017 at 4:19:34 pm

Honestly I really do agree....Being a Class Act always pays off. I really do my best to do what what is Right..."Because it's Right", no matter how some else conducts their life.

Best regards,

Ken Cooper


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Tom Sefton
Re: Stock footage or music transfer
on Feb 5, 2017 at 9:59:50 am

That's fine - but you can be a class act and hand over all the assets for a project without giving them your project files. It could be pretty galling to find out your project is being finished by somebody else for less money who then claims credit for your work. I wouldn't say this is a crybaby move - just protecting your business. Hope all goes well for you Ken.

Co-owner at Pollen Studio
http://www.pollenstudio.co.uk


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Ken Cooper
Re: Stock footage or music transfer
on Feb 5, 2017 at 9:48:06 pm

Tom....That is a very valid point. Thanks so much

Best regards,

Ken Cooper


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Ned Miller
Re: Stock footage or music transfer
on Feb 4, 2017 at 2:51:03 am
Last Edited By Ned Miller on Feb 4, 2017 at 4:00:15 am

Hello Ken,

I think the simplest thing to do is to tell him you bought them under your company's name, therefore you are the licensee, and provide him with the track names and numbers so he can re-purchase them himself. After all, they will be $35-50, correct? So it's a minor expense.

When I produce for large companies they will approve the music tracks and then purchase them for us to edit in. They do this so they can be the license holder of record so if there were any inquiries, they are kosher. Also, on YouTube they could prove they are the licensee. So in sum, perhaps next time when you are doing the bidding, explain that you will be the licensee and if they prefer, they can purchase the tracks themselves to be the licensee. I produce for a major hospital chain here and they insist upon it, probably prodded by their legal department.

Good luck,

Ned

Ned Miller
Chicago Videographer
http://www.nedmiller.com


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Ken Cooper
Re: Stock footage or music transfer
on Feb 4, 2017 at 1:27:35 pm

Ned,

Thanks so much...great advice.

Best regards,

Ken Cooper


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Todd Terry
Re: Stock footage or music transfer
on Feb 4, 2017 at 4:43:49 pm

Not to beat a dead horse here, but I just wanted to reiterate that you are faced with not really one question... but really with two....

1. Do you WANT to give the client the files

2. CAN you give the client the files.

Question 1 depends on how charitable you want to be... whether super cooperative, or hard-nosed about it. I personally tend to be hard-nosed about such issues, and then weaken and turn charitable...ha. If you are Mr. Nice Guy, you might be inclined to turn over the files.

BUT...

Question 2 involves the bought-and-paid-for rights to such files... which very likely may be non-re-sellable, non-transferrable, non-assignable, and all that jazz. Depending on your licensing agreements, the stock companies may have sold the usage rights to you and to you alone (and possibly only for this one and only specific project).

Question 2 trumps Question 1. No matter how much of a super-nice-guy you choose (or don't choose) to be, even if you decide you'd prefer to hand them over a wheelbarrow full of assets, they might not be yours to give away.

And if you don't want to be Mr. Nice Guy, that gives you an easy out. "I'd love to give you all this stuff, I really would, but....."

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com



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Ken Cooper
Re: Stock footage or music transfer
on Feb 4, 2017 at 5:08:01 pm

Todd,

From that legal regard I totally agree...I was really implying about original Premiere editing files and footage that I shot for them. NO I would never give away assets that are not mine to give away.
That"s why I was really asking for advice to begin with.
Thanks so much,

Best regards,

Ken Cooper


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Ken Cooper
Re: Stock footage or music transfer
on Feb 5, 2017 at 12:17:41 am

Todd,

From that legal regard I totally agree...I was really implying about original Premiere editing files. NO I would never give away what is not mine to give.

Thanks so much,

Best regards,

Ken Cooper


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Ken Cooper
Re: Stock footage or music transfer
on Feb 9, 2017 at 12:33:14 pm

I just received this email from Shutterstock....I ask them the same questions.

Hello Ken,

Thank you for contacting Shutterstock Support!

Here's the reply on your questions:

1. You cannot transfer the raw files from Shutterstock to your client or any other third parties, as the license is non-transferable. Your client onky gets the right to use content as a part of the project you created for him. Please refer to our license agreement for more details: http://www.shutterstock.com/license.

2. The same goes for the second query, as files are non-transferable, you can only forward to your client your final project but not Shutterstock footage or music tracks.

Let me know if you have further questions.

Best,
Aleksandra Gaiduk

Account Executive
Shutterstock

Best regards,

Ken Cooper


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