Copyright -- Various Issues

[Pete Bauer]

I'd be fairly confident that the only contract between my family and the photographer was a kept appointment for a portrait and a check for finished photos.

And Peter, you're right about the photog being difficult to reach. My mom is pretty sure the small-town studio doesn't even exist anymore, and I couldn't find it in a quick internet search. I'd give even odds that the photog is also deceased and whatever rights he had are long since forgotten by his heirs. But, that's really neither here nor there. I just think that this fellow is misguided to think it standard practice for portrait studios to yield the copyrights to their works. Then again, that's not my line of work, so maybe I'm the misguided one.

In any case, no big deal because our family is going to offer the fellow "use of likeness" rights in exchange for a donation to the American Cancer Society. Any copyright issues for use of a particular work (eg the particular photo he likes and wants to use in his ad) are up to him to work about (or not, I suspect). It was an odd situation and I thought I'd throw it out for folks to chew on. Any further opinions?

[Bill Mecca]

Okay, I am trying to get clarification on thier "best copy" requirement, since the FormPA seems to be slightly outdated in that respect and because of some inconsistencies in how that relates to another portion, but to the meat of the matter.

I am dialing the information specialists directly at the number given by the recorded message. and get nothing, never rings, no message, no on hold nothing.

Just wondering if its something with my phone system here, or theirs, has anyone else experienced this?

to outline the question I want answered, they list in descending order of preference
Videotape formats
1-inch open reel tape
Betacam SP
D-2
Betacam
Videodisk
3/4-inch cassette
1/2-inch VHS cassette


but when talking about movies produced before 1978 in which they must view the tape to make sure the copyright bug is on the movie, they say they cannot watch, Open Reel, Betacam SP, Hi-8 (Hi-8???? that isn't even one of the formats listed!) so will they accept DVCAM, Mini DV, DVD??? and what exactly do they mean by "Videodisk"?

just want to get a straight answer since I will have to wait 4-5 months for the certificate, but I can't even get the phone to ring!

[K. Forman]

By videodisk, they might be referring to the old Laserdiscs that came out in the late 70's early 80's.

[Bill Mecca]

that's what I thought, and why I can't believe, well I work in government so I guess I can, why its so out of date. LOL

[Luke Springer]

This may be a dumb question, but here it is: When you make your own short film, isn't it automatically copyrighted because it is something that YOU personally created? I would appreciate it if I could get a bit more information on getting a short film, web page, etc. copyrighted.

Thanks,
Luke

[Dennis Khaye]

This should help you out... CAUTION: Page slap!

http://www.patent.gov.uk/copy/definition.htm

[Richard Alvarez]

For copyright law in the U.S.

http://www.uspto.gov/

Though it is substantially similar to that in the UK link above.

[Bill Mecca]

for a direct link
http://www.copyright.gov/

copyright attaches upon creation, registering with the copyright office in the Library of congress gives you proof.

[Richard Alvarez]

Interesting story here. http://www.technewsworld.com/story/O...fringers.xhtml

Add this to the crackdown on YouTube. My guess, is they will eventually pass the infringement 'through' to the users.

[Matt Champagne]

"MySpace is staunchly committed to protecting artists' rights -- whether those artists are on major labels or are independent acts," said Chris DeWolfe,"


He should also add: "But the major labels with their vicious lawyers scare the crap out of us, so now we're doing something about it".

[Paul Grove]

Hi - it's a bit off topic, but don't know where else to ask!

I am going to be making a short film later this year at the WW1 battlefield sites in France. I'd like to intersperse my film with images of locations as they were at the time, and one of the best sources seems to be original postcards.

I appreciate that the orginal photo remains the proprty of the owner, but after 90 years they are going to be impossible to trace. So if I buy a 90 year-old postcard and use it in my film, will I be getting myself into potential trouble?

[Brian Drysdale]

I'd approach the publisher of the postcards, assuming they're still in business. However, sometimes they are now owned by other companies, so this might take some tracing.

You could also check with the Imperial War Museum as to holds the rights to the photographs - they might now be part of their collection.

All this is part clearing of copyright material is part of producing a film, especially if you plan to get distribution or have it broadcast.

BTW It's pretty normal to be charged a fee for using photographs in a production.

[Peter Rhalter]

It is my understanding that, in the United States, works that were published before 1923 are in the public domain. That may not be true in other countries. Since WWI ended in 1918, any postcards that were published at that time should be free of copyright issues. Lots of postcards don't have dates printed on them, but a postmark should establish that an item was published before the mailing date.

Needless to say, you should confirm this information with an IP attorney.

Best wishes,
Peter
______________________
http://www.parkfilms.com

[Bill Mecca]

you might also check the Prelinger Archives at www.archive.org, creative commons license etc, even films. You'll have to dig, but the price is right. ;-)