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copyright question

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Sam Lesante Jr.
copyright question
on Mar 13, 2008 at 4:06:50 pm

I have footage of Hillary Clinton that my news station shot in a high school when she was there talking.

Can I sell this footage as stock footage to anyone or do I have to go through royalty and copyright laws?

TIA

Sam


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Steve Wargo
Re: copyright question
on Mar 13, 2008 at 4:10:18 pm

She is a famous public figure. That's how paparazzi make their money.

Steve Wargo
Tempe, Arizona
It's a dry heat!

Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .


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Randy Wheeler
Re: copyright question
on Mar 13, 2008 at 4:39:24 pm

Are you the owner of the news station?

Randy


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Mark Suszko
Re: copyright question
on Mar 13, 2008 at 4:54:38 pm

Typically, it would belong to the station you worked for when you shot it, unless you shot it freelance, even then it might be considered a "work for hire" and owned by them.

I've passed up shooting tornado footage as I passed one on the highway because it was happening on company time with company gear and so I wouldn't be able to sell it. Also, it wasn't worth risking my life, as well! And seriously, does the world really NEED more tornado footage? Not that badly.


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John Baumchen
Re: copyright question
on Mar 13, 2008 at 5:43:32 pm

"Typically, it would belong to the station you worked for when you shot it, unless you shot it freelance, even then it might be considered a "work for hire" and owned by them."

I always understood that if you are not an employee, any video you shoot, all rights belon to you.

Correct me if I'm wrong, but it can never be assumed that the job is a work for hire. Unless the contract or agreement SPECIFICALLY states that the project/job/gig is a "work for hire", then the production company/freelancer owns the copyright.


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David Roth Weiss
Re: copyright question
on Mar 13, 2008 at 5:49:18 pm

[Mark Suszko] "Typically, it would belong to the station you worked for when you shot it"

Unless things have changed, Sam does own the station.

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Business & Marketing, and Indie Film & Documentary forums.


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Sam Lesante Jr.
Re: copyright question
on Mar 13, 2008 at 9:50:58 pm

Yes Dave and the rest, I do own the station.

Sidebar: How did you know I owned the station Dave? Have we met?

Anywho, thanks for all the responses that clears up a lot.

So if I'm correct, I can also sell the footage we have of the NASCAR "celebs" when they came to Long Pond, PA and we could also sell the video of when American Idol Alumn Constantine did an interview on our set and then sang Karoke (sp) in a local bar? (I tried to sell the Constantine stuff last year but got the old ,"I have to take care of myself and my people" stuff from him so I never persued it.


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David Roth Weiss
Re: copyright question
on Mar 13, 2008 at 10:10:54 pm

[Sam Lesante Jr.] "How did you know I owned the station Dave?"

Sam,

I know if you've been sleeping, I know if you're awake... I know if you've been bad or good, so you better be good for goodness sake...

Actually, I'm not Santa, I think I know you from the old days when we used Discreet Edit*. Isn't that right?

David


David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Business & Marketing, and Indie Film & Documentary forums.


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Sam Lesante Jr.
Re: copyright question
on Mar 13, 2008 at 10:27:05 pm

Nope. I never used Discreet.

My first NLE ,so to speak, was the Casablanca by Draco then the old dinosaur The Panasonic Postbox, then the Media 100 844x and now FCP, but I was thinking about Smoke or Pirahna. :)

Must be mixed up with someone else - story of my life.


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David Roth Weiss
Re: copyright question
on Mar 13, 2008 at 11:01:46 pm

Sam,

I do remember that you posted a few ads looking for an editor a while back and I guess I must have done some sleuthing behind the scenes as I'm always interested in poking about to see who's who.

David

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Business & Marketing, and Indie Film & Documentary forums.


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Mark Suszko
Re: copyright question
on Mar 13, 2008 at 11:19:53 pm

Again, I'm not an I.P. lawyer, but I think you may have a problem on the kareoke footage if you also use the sound. Constantine can sing, but to broadcast the video of him singing you'd have to pay for the rights to use the audio of the kareoke version of the song at least, plus synch rights. Probably also for the lyrics of the original song. If this footage was used as b-roll without the sound, no prob, maybe.

As far as NASCAR, well, they may not be quite as tight about things as MLB or the NFL, but still, they might have some problem as well, best to check first.

"Oh, you wanted to RECORD that?"


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Steve Wargo
Re: copyright question
on Mar 14, 2008 at 6:20:54 am

I can chime in on that one as I've shot lots of NASCAR. They like positive promotion unless you are cashing in on the NASCAR name. Better yet, you can interview a driver and use the word NASCAR (no logo though) driver to promote your show. Ever notice that, when referring to the "Super Bowl" that it's referred to as The Big Game?

Indy Car is the opposite. That term is owned by Tony George, who also owns the Indy track, and you can't even say INDY CAR at your house without Tony's permission. We could do it for news coverage but nothing else. When we've had NBA ball players in the studio for post game interviews, they are not allowed to wear any team branding and we cannot use logos in the lower thirds. Pretty dumb if you ask me.





Steve Wargo
Tempe, Arizona
It's a dry heat!

Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .


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moody glasgow
Re: copyright question
on Mar 14, 2008 at 4:20:02 pm

[David Roth Weiss] "I do remember that you posted a few ads looking for an editor a while back and I guess I must have done some sleuthing behind the scenes as I'm always interested in poking about to see who's who."

Stalker!!!!

LOL, I actually do the same thing David. I like to see what kind of companies are hiring...

moody glasgow
smoke artist / editor


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Steve Wargo
Re: copyright question
on Mar 14, 2008 at 6:08:36 am

Sam

Here's a thought;

1. Sell the footage.

2. Let us know what happens so when the next guy asks, we can give him the correct answer.






Steve Wargo
Tempe, Arizona
It's a dry heat!

Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .


Return to posts index

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