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

Client Submissions for Video Legal Issues

COW Forums : Business & Marketing

<< PREVIOUS   •   FAQ   •   VIEW ALL   •   PRINT   •   NEXT >>
linda walker
Client Submissions for Video Legal Issues
on Dec 17, 2012 at 5:29:58 pm

We have several clients who want to submit photos and logos for their videos that we are producing. We understand that even though they sign a disclamier stating that they are the rightful copyright owner to those elements that, in the event there is a copyright infringement, that our company will be liable for the infringement. What can we do to protect ourselves? The only recourse that we see is to not accept any submissions.

Any suggestions would be greatly appreciated.

Thank you.


Return to posts index

Todd Terry
Re: Client Submissions for Video Legal Issues
on Dec 17, 2012 at 6:09:48 pm

Well the trouble that you might run into is that if you think that this client is being untruthful about having copyright clearance to use these photos or other materials. Do you have reason to believe that?

Personally (although it might be foolish to do so), I'd tend to accept the client's claim that they are either the copyright owner or have the owners' permissions for use. Although if you were a little skittish about that you could ask to see proof. That's a little touchy of course though, as you don't want to ruffle feathers or appear untrusting if they indeed do have rights to these elements.

What seems to happen often when a client wants to use an element that they don't have the rights to (most often music), they'll say they'll assume all responsibility in the event the real rights holder makes a claim. Well, they can't do that. My usual analogy is that you can't be stopped speeding in a buddy's borrowed car and tell the cop "Oh, just send my friend the ticket... he said it's ok, even signed this note for you giving me permission to speed." It just doesn't work that way, obviously.

T2

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



Return to posts index

linda walker
Re: Client Submissions for Video Legal Issues
on Dec 17, 2012 at 6:35:53 pm

Thanks for your posting T2. Great analogy! I'll have to keep that one in mind. Guess I just don't want to find myself in court over copyright issues. Would you just accept the materials and take your chances?


Return to posts index


Todd Terry
Re: Client Submissions for Video Legal Issues
on Dec 17, 2012 at 7:03:51 pm

[linda walker] "Would you just accept the materials and take your chances?"

For me it'd really depend on how well I knew the client, what my past relationship with them was (if any), and whether I trusted them to be telling me the truth.

For us, most of our clients are long-timers that have been with us for many years and we know them really well. If they were a first-timer, someone who called us out of the blue that we had no experience with, I'd be more cautious.

Some of it would also have to do with their end-use of a product. Something shown one time in a private meeting is one thing, something for broadcast television is another. With the former though your biggest risk is that some joker without permission will end up posting it on YouTube, and then the cat's out of the bag.

T2

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



Return to posts index

linda walker
Re: Client Submissions for Video Legal Issues
on Dec 18, 2012 at 3:05:30 pm

I agree with you T2 that if a client is a new and the trust hasn't been established that a production company should be more cautious. That's about where we are at with our clients.


Return to posts index

walter biscardi
Re: Client Submissions for Video Legal Issues
on Dec 17, 2012 at 9:31:00 pm

Our agreements clearly state that in the event of legal action, the client will be held responsible for all content. Especially in corporate work, we're a "work for hire" and the client themselves are the Producers of record. It's the Producer's job to get all necessary clearance.

Walter Biscardi, Jr.
Editor, Colorist, Director, Writer, Consultant, Author, Chef.
HD Post and Production
Biscardi Creative Media

Foul Water Fiery Serpent, an original documentary featuring Sigourney Weave...

MTWD Entertainment - Developing original content for all media.

"This American Land" - our new PBS Series.

"Science Nation" - Three years and counting of Science for the People.

Blog Twitter Facebook


Return to posts index


linda walker
Re: Client Submissions for Video Legal Issues
on Dec 18, 2012 at 3:02:50 pm

Thanks for your posting Walter. Exactly, how does a production company set up the project so that the client is the producer and the production company is the "work for hire"?

Thanks!


Return to posts index

Nick Griffin
Re: Client Submissions for Video Legal Issues
on Dec 20, 2012 at 6:45:42 pm

OK, Walt. I've been sitting back waiting for your reply to Linda's question, but since no response yet, exactly how does "work for hire" protect you from being named in a lawsuit for copyright violation? As has been said a million times in this forum (mostly by me), I'm not a lawyer, but... I believe that's it's common practice in litigation to go after everyone involved and let each put up a defense or at the least a motion for dismissal.

I also doubt that responsibility for copyright violation can easily be assigned from one entity to another. (However the law degree that I don't have precludes me from knowing for sure. Then again, in my experience it's fairly rare for a lawyer to be willing to venture an opinion on nearly anything without being able to bill for a few to several hours of research.)


Return to posts index

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