BUSINESS AND MARKETING: Business and Marketing Forum Business and Marketing Articles

Stock Footage Ownership question

COW Forums : Business & Marketing

<< PREVIOUS   •   FAQ   •   VIEW ALL   •   PRINT   •   NEXT >>
Sam Lesante Jr.
Stock Footage Ownership question
on May 23, 2012 at 1:43:30 pm

I want to start selling my stock footage but had a question of ownership. The footage i would be selling is coming from previous local commercials and shows that we have produced. We never wrote any contracts regarding ownership or royalties for the people in the actual shot.

Because of this, can I even sell the clips?

TIA

Sam


Return to posts index

Nick Griffin
Re: Stock Footage Ownership question
on May 23, 2012 at 3:40:51 pm

[Sam Lesante Jr.] "We never wrote any contracts regarding ownership or royalties for the people in the actual shot.

Because of this, can I even sell the clips?"


Ouch. Short answer is probably not. Even if you had a flimsy "model release" from each of them that might be OK for some potential purchasers of stock. But the more serious users would see this lack of clear ownership as risky -- meaning what they incorporate your stock into could potentially get yanked.

The other aspect of this is did you generate this in your free time during the shoots or does the footage kinda, maybe actually belong to the client for whom you were shooting at the time? At the least, it's probably shared ownership between the two of you.


Return to posts index

Sam Lesante Jr.
Re: Stock Footage Ownership question
on May 23, 2012 at 7:10:49 pm

Thanks Nick,

So what can i do in the future to ensure that what & who I shoot is my property to sell?

Is it as easy as a video release form?

TIA

Sam


Return to posts index


Michael Hendrix
Re: Stock Footage Ownership question
on May 23, 2012 at 8:29:52 pm

Don't overlook property rights. I will tell you a great way to educate yourself just enough to be dangerous is go to istock and read through their contracts with photographers. I believe they even make you take a test and it contains some great info.



Return to posts index

Jonathan Ziegler
Re: Stock Footage Ownership question
on May 24, 2012 at 3:21:46 pm

Yep, I've been selling stock on iStock, Pond5, and others for a while now. Some sites are really restrictive (like Shutterstock and iStock) while others aren't (like Pond5 and RevoStock), but you are still responsible if your clips have uncleared property or likenesses.

Do a web search for the Getty release forms, both property and model/talent: They are fairly thorough and, with a witness signature and paid consideration, are binding. I changed these around for use with my business and my lawyer even liked them (talk with your lawyer before using them first, though, trust me!).

Basically, if there are people or privately-owned property of any kind in the shot, you need release forms. If you can, ask the people in the shots if you can get them to sign a release. It's worth it to ask. If they want "consideration" then offer them $5 or something nominal. Be nice about it of course and just say it's for a contest or something and the original paperwork got lost.

Jonathan Ziegler
http://www.electrictiger.com/
520-360-8293


Return to posts index

Nick Griffin
Re: Stock Footage Ownership question
on May 24, 2012 at 10:11:52 pm

Sam-
I can't add much better advice than Michael and Jonathan already have. ESPECIALLY the part about passing your contracts past a lawyer (and here's the key) where you live or where the shoot takes place.

When we get releases signed by individuals we provide US$1 and act like it's "just paperwork" and no big deal. The only time I've had this go bad... REALLY bad, was when one guy refused to sign in front of others and then suddenly no one would sign.

The thing to remember, as I'm reasonably confident a lawyer will confirm for you, although an appearance or model release reads like it is irrevocable it generally isn't. Your subject can later change his or her mind and demand that they be removed from anything. The release serves as a bluff to make people THINK they've granted you all rights.

As to property releases, that's a whole different animal, a much more serious release and, no doubt, much higher compensation than $1.

Now, how about that part of shooting while you're on someone else's paying job? That may be the stickiest issue raised here. That could be covered in the fine print of the agreement you have clients sign when they hire you.


Return to posts index


John Baumchen
Re: Stock Footage Ownership question
on May 25, 2012 at 4:54:51 pm

Unless a contract between a video company and the client SPECIFICALLY states that the work is a 'work for hire', then the client has no claim whatsoever to the footage.

The video company owns ALL RIGHTS to the footage. There is no such thing as 'shared ownership' unless an agreement is in place that has a clause for sharing of the copyrights.

As for the model releases, you will always need a model release, always.


Return to posts index

<< PREVIOUS   •   VIEW ALL   •   PRINT   •   NEXT >>
© 2017 CreativeCOW.net All Rights Reserved
[TOP]