Client requests "all rights"

[Bruce Patterson]

Originally Posted by William Smyth

Actually, I really don't mind giving the client the rights to do whatever they want with the video. My guess is he either works in the industry or is a high-end amateur and may to have the opportunity down the road to re-cut the footage. Who knows may it will someday become part of some larger family video or whatever. I'm cool with that. My concern is that this particular client is interested in one of our largest packages with all the bells and whistles. I just to be able to use whatever I like on our website, in our demo and to send to potential new clients.

So, I'm thinking of adding a rider to our contract giving them the rights to our video, but retaining rights so we can use our footage for "promotional" purposes.

I'd be careful here. We have a clause in our contract that says "It is understood that all original mini DV tapes remain the property of Cloud Nine Creative Inc. The contracting party grants Cloud Nine Creative Inc. the unrestricted right to copyright, use and publish videos/and or photographs of the contracting party for commercial, promotion, competition or other purposes without compensation or liability to the contracting party."

I would be mainly worried about them a) re-purposing the footage to sell for a reality show (or something else), at which point you will have no control over the editing or b) re-edit the footage, claim it as their own and launch their own wedding videography business.

I'd put a contract together stating that they can't do those kinds of things with the footage. If you're not concerned, I'd state what the rights will "cost" them.

Just my 2 cents. Hope that helps!

[Richard Gooderick]

If I was the videographer I think I would ask the client why they want the rights and agree something based on that. Give them the rights and get a licence from them for promotional use if need be.

If I was a client hiring a videographer who wanted to be able to sell footage of my wedding to other parties eg a tv station, now or in the future, I would find another videographer.

[Richard Alvarez]

Originally Posted by John Knight

The original post indicated it was a strange, possibly one-off request. So what I'm saying is just give them all rights if it means closing the deal. Who cares if you cannot use the material for promotional purposes. Take the money, hand over the tapes, give them the rights, pat them on the head, move onto the next client.

It's just a wedding video - not bloody MATRIX PART VII

John, the original post indicated he wanted to keep the right to use this for promotional purposes. "Giving them the rights, and patting them on the head" does not allow for that. In the US, when you 'give' something to someone, it then belongs to them. This includes real property and intellectual property.

I was addressing the original posters intent to maintain some of the rights. This must be stipulated, IN WRITING. If it's not written down, it doesn't count. A LIMITED right is what he is asking about.

It's not rocket science, it's not 'The Matrix' - its understanding the business. Copyright, as well as the right to privacy, an the right to publicity are all important elements in the video production business - whether you are shooting "The Matrix" or "Bob and Sandra's Wedding". Good composition and lighting counts. Good business practice pays off.