Difference between Exclusive and Non Exclusive Rights?

[Chris Sackett]

I have a question, What is the diffrence between EXCLUSIVE RIGHTS, and NON EXCLUSIVE RIGHTS? I know you hold the rights to your work with an exclusive, But what if some else wants to use your work. Do they have full range of editing for example? Do they have to put your name credited with your work Or does this give them the right to put some else name in for the credit? Just curious.

[Richard Alvarez]

What 'work' are you referring to? A piece of film or a written script?

"Non-exclusive" means someone else might hold the same rights. "Exclusive" means no one else may hold those rights.

[Chris Sackett]

The work I'm refering to is clips from a DVD I'm producing. A media company would like to use a portion of it to be broadcasted on nation television. So I take it they would have some kind rights if I give them a copy of it? I know some of these companies will sell your work or footage to other companies for advertisement purposes, Or am I wrong?

[Bruce Foreman]

Offer them "ONE TIME" rights for one use. Any further use or desired distribution must then be further negotiated.

Be sure they understand this and that this is spelled out VERY specifically in the contract.

[Chris Sackett]

Thanks Bruce, So what is the process for going about the Exclusive and Non Exclusive? Do I need to find some kind of Notice Of Rights contracts with these type of bussiness? Also where would I get my hands on some of these forms ie: Release of liability, Video rights(Footage), some of the video I have was given to me wit no notice of intent. Where can I find some kind of forms for the full or partial release of this footage? Do they even sell these forms or do you have to go to some kind of media lawer to have them written up?

[Richard Alvarez]

Chris.

It sounds like you should talk to an IP Lawyer. (Intellectual Property) or "Entertainment Lawyer".

You likely don't have rights to the footage that was 'given' to you... so you would have no right to pass it on, and certainly not to sell it. The AUTHOR of the footage retains ALL RIGHTS unless expressley given/sold to someone else.

There are no ready-made contracts for selling rights... that's up to you to decide. Although there is a form for ASSIGNING rights through the copyright office.

Your questions are kind of vague so the answers you get here are going to be general. And NO ONE on this forum is going to offer you legal advice.

[Chris Sackett]

Sorry About the vague questions, I'm new to this video process. I only have done this as a hobbie and never thought someone would ever want something I made. Anyways I'll try and be more specific:

1. I take footage from my sony handycam of all of the races I attend. I have gotten smart enough by reading some of the post on this forum. I bought music with a license to sell 5000 copies.

2. All of the work that is put into the videos is solely done by myself. I created all of the artwork for the emblem. I shoot along with my brother-in-lawall of the footage.

3. I have made verbal consents with all of the other video I have.

Hope this helps, By the way not really looking for legal advice,just advice from people who have been down this road already.

[Peter Wiley]

In this case EXCULSIVE prob. means that you would promise to the video company who wants to use your work that you would not provide it to any other company for any use. NON-EXECUSIVE would mean that you would still be able to allow some other enitity to use the work. Either situation could be more closely defined in a contract -- they might be given exclusive rights for the U.S. only, for example. . .

What you should do depends entirely on other facts of the situation. I'd get the advice of a good entertainement atty. Note that a good atty. can be expensive (mine, for example, charges $350/hr for most rights/contract work). If company really needs your footage for a big-budget project for big markets you have got some leverage and the atty. would be worth it. If they want your footage because they think they can get it cheaper than shooting their own, or it's a small-budget project then an atty. can eat into your fee significantly. So you should do some research on the company and the project if possible.

The credit is something you can negotiate.

[Steve House]

Originally Posted by Chris Sackett

You really really really need to talk to an attorney about all of this.

Oh, and did I mention, the very first thing you need to do is to make an appointment to talk to an attorney?

The best advice of all. :)

[Chris Sackett]

Wow!! Thanks for the responses everyone! I plan on getting release forms from everyone in my footage. I just have one more question.

1. I attended a race that was being broadcasted/taped during one of the bigger races, A production company known as Jeda was taping the whole weekend. I noticed that they placed signs warning people of the taping and if they choose not to be in the video documentary they should not attend the races that weekend. So is this some general consent that if you don't want to be in the video you should leave? I thought you had to get a consent form when you put a persons face on television for liability purposes? If I remember correctly the form read: This event is being taped for the purpose of being used for television entertainment purposes, Which may include advertisements, Or any othe general purpose of public entainment if you do not want to have your image on television you should not attend this event this weekend, By attending this event you give Jeda Productions full consent to have your image put on television.

2 Don't you think someone could say " I didn't see the signs"? Even though they were posted every 10 feet in a roped off area?

3. How does this compare to a written consent form that a person must sign?

4. If the persons face is not visible or their voice, All you see is thier back as in a fan can you use there image still?

[Steve House]

Anyone can sue anybody for anything. Whether they'll win is another matter. But even if you're in the right, you need to ask yourself if can you can afford to spend the tens of thousands of dollars in legal fees that it might take to prove in court that you're right? PLEASE spend a hundred or so now to discuss the issues with someone who can actually give you reliable advice on the course of action that has the best chance of keeping you out of trouble.

[Chris Sackett]

Thank you very much STEVE!!! Where do I find these types of lawers? I guess I can search the internet, Does anybody have any other suggestions of prior experiences with these types of lawers? Also can someone recommend a couple so I might be able to get a hold of one?

Thank You Again Everyone, You all have been very helpful!


Chris Sackett

[Richard Alvarez]

Chris

Look for your local "Accountants and Lawyers for the Arts" in your city. There will be some similarly named non-profit organization in any large city. That's the first place to go for advice. Often the first consultation is free. They can work out a payment plan, or reccomend a pro-bono atty to take your case.

There is an IP Attorney who posts to these boards PAUL TAUGER - I noticed he logged on today and answered a whole slew of legal/copyright questions. (In broad terms). He can sometimes point you in a direction to look, or advise questions to ask, issues that might arise. We are very fortunate to have him drop by and offer his insight.

PS Welcome back Paul.

[Paul Tauger]

Originally Posted by Chris Sackett

The work I'm refering to is clips from a DVD I'm producing. A media company would like to use a portion of it to be broadcasted on nation television. So I take it they would have some kind rights if I give them a copy of it? I know some of these companies will sell your work or footage to other companies for advertisement purposes, Or am I wrong?

I think you're confusing terms, here.

If you grant someone exclusive rights to something, that means that you won't grant the same rights to anyone else. It does not mean that you are granting unlimited rights to do whatever the licensee wants to do.

If you are granting exclusive rights to specific video clip for national broadcast, that means you won't grant national broadcast rights for those clips to anyone else. However, your licensee can only do with those clips what you've licensed them to do, e.g. "Air in unedited form no more than three times," etc. It does not give them the right to sell your clips to someone else, edit the clips, etc. The scope of what they can do is determined by the license.

If you're giving them the right to do whatever they want with the clips on an "exclusive" basis, it is not a license, but an assignment, i.e. a transfer of all copyright (and other rights, if any) in the clips.

[Paul Tauger]

Oh, boy. ;)

Originally Posted by Chris Sackett

Sorry About the vague questions, I'm new to this video process. I only have done this as a hobbie and never thought someone would ever want something I made. Anyways I'll try and be more specific:

1. I take footage from my sony handycam of all of the races I attend. I have gotten smart enough by reading some of the post on this forum. I bought music with a license to sell 5000 copies.

Are the races held in a private venue, i.e. a racetrack? If so, the contract of admission may limit what you can do with video that you shot at the event.

Are faces visible? If so, you run the risk of violating individuals' rights of publicity If it is a private venue, there is an expectation of privacy. Even if not, you run potential risk of violating commercial appropriation of likeness laws.

There are also potential trademark issues, particularly if this is automobile racing in which sponsors' marks are routinely applied to the cars.

You mention a music license for 5,000 copies. Does that license also extend to national broadcast? My guess would be that it does not. Your licensee may incur infringement liability for broadcasting the music, and would look to you for indemnification (depending on the reps and warranties in the license that you do with them).

2. All of the work that is put into the videos is solely done by myself. I created all of the artwork for the emblem. I shoot along with my brother-in-lawall of the footage.

Good. Then you own copyright in the video. Except that you don't because you indicate, further down, that the project includes video that others have shot.

3. I have made verbal consents with all of the other video I have.

Never rely on verbal consent. First of all, if you're using material licensed to you for a commercial project, you want a clear written license that specifies exactly what you can do with the material, along with a representation (and, preferably, a warranty) that the material you have licensed doesn't infringe any third-party rights. What will you do if (1) the people who told you that you could use their video don't really own the rights, or (2) if they do own the rights, deciding after seeing it broadcasy, "Gee, I didn't give it to him for THAT."?

Hope this helps, By the way not really looking for legal advice,just advice from people who have been down this road already.

I can't give legal advice to non-clients, you're not my client, so this isn't legal advice. But I'd strongly urge you to consider what I've said here.

Trust me on this one: You do NOT want to find yourself on the receiving end of a lawsuit.