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Re: Who owns the footage??

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John Baumchen
Re: Who owns the footage??
on Nov 8, 2016 at 9:50:37 pm

Unlike the U.S. Act, the concept of “work made for hire” does not exist in Canadian law. As a general rule, the authorship of a work made pursuant to a contract remains with the employee or contractor, even where the ownership is held by the employer. This is contrasted to the law in the U.S. where the author and owner of a work made for hire is the employer (often a corporation). The difference can affect the duration of the copyright. In Canada, the duration of the copyright remains based on the author’s life plus 50 years regardless of whether the work was created in the context of employment or a contract for service.

In the USA, in the absence of a SPECIFIC clause that denotes that the contract is a work for hire, the ownership of the footage remains with the person who shot it. Many people here seem confused about this, thinking that the customer owns everything. They don't, UNLESS....your contract has a Work For Hire clause. It must be SPECIFIC, and cannot be implied.


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