Film Permissions. at DVinfo.net

Shaun Forsdyke · October 26th, 2012, 09:03 AM

Hello everyone.

I recently did some filming for an events company. They put on a night of music consisting of 4 bands. I filmed the bands.

One of the bands has asked for the footage. I was told they are legally entitled to it. Is that true? What if they were to put that footage on youtube/online?

Chris Medico · October 26th, 2012, 09:06 AM

You need to ask for the basis of their claim. I suspect their answer will be something like.. Because...

At that point you can start a dialog to offer the footage for what you consider to be a reasonable fee.

Shaun Forsdyke · October 26th, 2012, 09:10 AM

Thanks for the reply. Does the events company (who my original contract was with) have any say in me reselling the footage then?

Edit: My contract with the events company was to film a song for each band. For the events company's youtube page.

Paul R Johnson · October 26th, 2012, 01:33 PM

You're actually a bit stuck in the middle. As you say, they put the bands on, and got you to shoot them. In the absence of a contract they'd probably lay claim to what you shot, and so would you. The bands would also claim that they have copyright in their performance, let alone the material they played. If it was their own compositions, then even more problems spring up and rights issues abound.

If this were me, I'd let them have whatever they want, at a modest charge depending on how long it takes to prepare. However, I'd also put in writing that you retain copyright in your recording, but accepting the bands right in their performance.

I suspect if you tried to sell a DVD of the gig, then the bands could demand a percentage, as could perhaps the production company - which would be technically what the events company were doing.

These things are always a mess because nobody plans in advance and nothing is agreed. You possibly have footage you cannot use, and the band have copyright in material that will never see light of day. Stupid, isn;t it?

Shaun Forsdyke · October 27th, 2012, 08:43 AM

Thanks Paul.

Yes, a difficult one. Thankfully its all sorted without any further problems. Although, as you say, without a well worked out contract it gives the opportunity for any of of us to play it out underhand if we were that way inclined.

October 26th, 2012, 09:03 AM	#1
Shaun Forsdyke Regular Crew Join Date: Feb 2012 Location: England Posts: 49	Film Permissions. Hello everyone. I recently did some filming for an events company. They put on a night of music consisting of 4 bands. I filmed the bands. One of the bands has asked for the footage. I was told they are legally entitled to it. Is that true? What if they were to put that footage on youtube/online?

October 26th, 2012, 09:06 AM	#2
Chris Medico Inner Circle Join Date: Aug 2006 Location: Efland NC, USA Posts: 2,322	Re: Film Permissions. You need to ask for the basis of their claim. I suspect their answer will be something like.. Because... At that point you can start a dialog to offer the footage for what you consider to be a reasonable fee. __________________ http://www.LandYachtMedia.com

October 26th, 2012, 09:10 AM	#3
Shaun Forsdyke Regular Crew Join Date: Feb 2012 Location: England Posts: 49	Re: Film Permissions. Thanks for the reply. Does the events company (who my original contract was with) have any say in me reselling the footage then? Edit: My contract with the events company was to film a song for each band. For the events company's youtube page.

October 26th, 2012, 01:33 PM	#4
Paul R Johnson Inner Circle Join Date: Nov 2005 Location: Lowestoft - UK Posts: 4,044	Re: Film Permissions. You're actually a bit stuck in the middle. As you say, they put the bands on, and got you to shoot them. In the absence of a contract they'd probably lay claim to what you shot, and so would you. The bands would also claim that they have copyright in their performance, let alone the material they played. If it was their own compositions, then even more problems spring up and rights issues abound. If this were me, I'd let them have whatever they want, at a modest charge depending on how long it takes to prepare. However, I'd also put in writing that you retain copyright in your recording, but accepting the bands right in their performance. I suspect if you tried to sell a DVD of the gig, then the bands could demand a percentage, as could perhaps the production company - which would be technically what the events company were doing. These things are always a mess because nobody plans in advance and nothing is agreed. You possibly have footage you cannot use, and the band have copyright in material that will never see light of day. Stupid, isn;t it?

October 27th, 2012, 08:43 AM	#5
Shaun Forsdyke Regular Crew Join Date: Feb 2012 Location: England Posts: 49	Re: Film Permissions. Thanks Paul. Yes, a difficult one. Thankfully its all sorted without any further problems. Although, as you say, without a well worked out contract it gives the opportunity for any of of us to play it out underhand if we were that way inclined.