Submitting to AFV at DVinfo.net

Dan Shallenberger · December 5th, 2006, 11:46 AM

I have a client that wants to submit a clip to America's Funniest Videos, and it is a good clip, so it might get aired. It's during a musical chairs segment at the reception, and two people trying to take the last chair slip and slide and collide, one falling on top of another. Pretty funny to watch, and just like the stuff you see on AFV.

My question, though, is that they are asking me to sign a form as the shooter terminating all ownership and rights of this clip. It seems harmless enough, but I wanted to see what you all thought before signing. Any of you have experience with this?

Thanks,
Dan

Mark Holland · December 5th, 2006, 12:47 PM

I have no experience with your situation, but initially, I think I'd be saying no. I don't know why, it just seems wrong. I'm interested in reading some of the responses you get. Who knows, they might change my mind!

Waldemar Winkler · December 5th, 2006, 01:45 PM

I'm not well versed on copyright law in the situation your describe, so I ask: Did you shoot the clip, meaning were the images captured through the lens of your camera while you were operating it? If so, you can claim copyright on the footage and, at your discretion, give it away or sell it.

If not, (you just edited the clip, for example), the owner of the original tape has legitimate claim to copyright.

In any case, while the money paid for broadcast rights may appear attractive in the short term, it probably doesn't promise much in the way of long term compensation.

Your situation deserves a long careful look, but my initial reaction is being fairly paid for producing a video that meets broadcast requirements is a cost effective approach.

Dan Shallenberger · December 5th, 2006, 02:04 PM

Well, I did shoot the clip with my camera while being paid by the client to shoot their wedding. Technically, I do own the copyright to the clip. I personally don't mind this clip being used on AFV, and would actually enjoy seeing it on there, but should it win say the $10,000 or $100,000 prize, I would be frustrated at my lack of any portion of that. I did get paid additional to cut that clip and drop it on a VHS tape and some DVDs, but not nearly enough if it would happen to win big.

Now, the odds of it winning big are very, very low, as it is your standard blunder that you see hundreds of all the time. But...

Should I not even be worried about getting a cut of the prize money if it would win? In a way, I feel guilty and greedy even thinking about it. Plus, this couple is so sweet, it wouldn't surprise me in the slightest if they won big to give me a cut just because they are like that. But...

David Avedikian · December 5th, 2006, 02:23 PM

Make sure there aren't any kids in focus on the clip or you will have to gain permission from their parents to air it on TV.

David Avedikian · December 5th, 2006, 02:23 PM

I have a great one of a kid dancing and then stops to pick his nose, wipes it on his clothes, then continues to dance. But I don't want to go through the pain of trying to get permission to use it.

Steven Davis · December 5th, 2006, 02:25 PM

I would not sign any thing that terminates my rights to the video, period.

Ok that being said, I suppose if Steven Speilburg wanted the rights, he could fork over some of those E.T. royalties and I'm sure we could work something out.

Waldemar Winkler · December 5th, 2006, 07:24 PM

You shot the clip. Does your contract state you retain copyright to the original footage? If so, then you are in the position of determining whether or not this footage can or can not be broadcast. If not, oh well.

Jason Robinson · December 6th, 2006, 02:44 PM

Quote:

Originally Posted by Dan Shallenberger

I have a client that wants to submit a clip to America's Funniest Videos, and it is a good clip, so it might get aired. It's during a musical chairs segment at the reception, and two people trying to take the last chair slip and slide and collide, one falling on top of another. Pretty funny to watch, and just like the stuff you see on AFV.

My question, though, is that they are asking me to sign a form as the shooter terminating all ownership and rights of this clip. It seems harmless enough, but I wanted to see what you all thought before signing. Any of you have experience with this?

Thanks,
Dan

I have had 2 or 3 assistant producers for the Wild Weddings shows after me for one of my clips, but the clip always gets turns down by the producer because it isn't wild enough.

However, I think it is perfect AFV material. It is available on You Tube under the "IdahoDigital" user name and at this link

http://www.youtube.com/watch?v=fH9IOH_xYdI

It is kind of cheesy (especially the title work) and has been up for a long time (+50K views). But I made it for a general audience, and not wedding video clients.

I wonder how i can get it submitted to AFV though because I think it is perfect material for them.

jason

Jason Robinson · December 6th, 2006, 02:51 PM

Quote:

Originally Posted by Dan Shallenberger

My question, though, is that they are asking me to sign a form as the shooter terminating all ownership and rights of this clip. It seems harmless enough, but I wanted to see what you all thought before signing. Any of you have experience with this?

Wow, so are they essentially asking you to give up any possible income present, future, etc to the clip and any and all rights so that it couldn't be shown anywhere else?

That seems a little drastic. Is this because AFV wants the bride / groom to be the winners and not the video crew? Or is that just so they can be the exclusive broadcaster of that one clip? OR both?

jason

Rick Steele · December 7th, 2006, 03:41 AM

Quote:

Originally Posted by Jason Robinson

I have had 2 or 3 assistant producers for the Wild Weddings shows after me for one of my clips, but the clip always gets turns down by the producer because it isn't wild enough.

I think they're right.

Don't take this wrong but it really isn't that funny. All I saw were two people falling in the snow.

Michael W. Niece · December 7th, 2006, 06:37 AM

I submitted a clip to AFV before, although it was a piece from my personal home videos. I can understand why they want the release; if they re-air that episode or make some sort of "The Year's Best Videos" they don't have to hassle you for permission. That, and it prevents you from airing it on other network shows (that's the biggest reason of all, according to AFV's producer). ABC can give the clip to other ABC shows to air it, but take note that the contract does NOT say they're not allowed to profit from it by selling it to other shows like Wild Wedding Videos, or whatever. The bottom line is that national TV is great to be on, but they'll gladly get clips from someone else if you don't want to release the video. Even if you agreed and watermarked the video they'll just blur it out. When the producer called me to tell me what date my clip will air, we talked for a few minutes and he says they have a dozen full time people that do nothing but screen videos all day long, 24 hours a day.

By the way, the person that submits the clip is the winner, not the people in it (unless they're the same).

-Michael

December 5th, 2006, 11:46 AM	#1
Dan Shallenberger Major Player Join Date: Mar 2005 Location: Cincinnati, OH Posts: 253	Submitting to AFV I have a client that wants to submit a clip to America's Funniest Videos, and it is a good clip, so it might get aired. It's during a musical chairs segment at the reception, and two people trying to take the last chair slip and slide and collide, one falling on top of another. Pretty funny to watch, and just like the stuff you see on AFV. My question, though, is that they are asking me to sign a form as the shooter terminating all ownership and rights of this clip. It seems harmless enough, but I wanted to see what you all thought before signing. Any of you have experience with this? Thanks, Dan

December 5th, 2006, 12:47 PM	#2
Mark Holland Major Player Join Date: Nov 2006 Location: Central North Carolina (Raleigh, Durham, & surrounding areas) Posts: 301	Experience I have no experience with your situation, but initially, I think I'd be saying no. I don't know why, it just seems wrong. I'm interested in reading some of the responses you get. Who knows, they might change my mind!

December 5th, 2006, 01:45 PM	#3
Waldemar Winkler Major Player Join Date: Aug 2004 Location: Durango, Colorado, USA Posts: 711	I'm not well versed on copyright law in the situation your describe, so I ask: Did you shoot the clip, meaning were the images captured through the lens of your camera while you were operating it? If so, you can claim copyright on the footage and, at your discretion, give it away or sell it. If not, (you just edited the clip, for example), the owner of the original tape has legitimate claim to copyright. In any case, while the money paid for broadcast rights may appear attractive in the short term, it probably doesn't promise much in the way of long term compensation. Your situation deserves a long careful look, but my initial reaction is being fairly paid for producing a video that meets broadcast requirements is a cost effective approach. __________________ Waldemar

December 5th, 2006, 02:25 PM	#7
Steven Davis Inner Circle Join Date: Jun 2004 Location: Richmond, VA Posts: 3,065	I would not sign any thing that terminates my rights to the video, period. Ok that being said, I suppose if Steven Speilburg wanted the rights, he could fork over some of those E.T. royalties and I'm sure we could work something out. __________________ What happens if I push the 'Red' button? Last edited by Steven Davis; December 5th, 2006 at 03:06 PM.

December 5th, 2006, 07:24 PM	#8
Waldemar Winkler Major Player Join Date: Aug 2004 Location: Durango, Colorado, USA Posts: 711	You shot the clip. Does your contract state you retain copyright to the original footage? If so, then you are in the position of determining whether or not this footage can or can not be broadcast. If not, oh well. __________________ Waldemar

December 5th, 2006, 02:04 PM	#4
Dan Shallenberger Major Player Join Date: Mar 2005 Location: Cincinnati, OH Posts: 253	Well, I did shoot the clip with my camera while being paid by the client to shoot their wedding. Technically, I do own the copyright to the clip. I personally don't mind this clip being used on AFV, and would actually enjoy seeing it on there, but should it win say the $10,000 or $100,000 prize, I would be frustrated at my lack of any portion of that. I did get paid additional to cut that clip and drop it on a VHS tape and some DVDs, but not nearly enough if it would happen to win big. Now, the odds of it winning big are very, very low, as it is your standard blunder that you see hundreds of all the time. But... Should I not even be worried about getting a cut of the prize money if it would win? In a way, I feel guilty and greedy even thinking about it. Plus, this couple is so sweet, it wouldn't surprise me in the slightest if they won big to give me a cut just because they are like that. But...

December 5th, 2006, 02:23 PM	#5
David Avedikian Regular Crew Join Date: Aug 2005 Posts: 35	Make sure there aren't any kids in focus on the clip or you will have to gain permission from their parents to air it on TV.

December 7th, 2006, 06:37 AM	#12
Michael W. Niece Regular Crew Join Date: Mar 2006 Location: Georgia Posts: 65	I submitted a clip to AFV before, although it was a piece from my personal home videos. I can understand why they want the release; if they re-air that episode or make some sort of "The Year's Best Videos" they don't have to hassle you for permission. That, and it prevents you from airing it on other network shows (that's the biggest reason of all, according to AFV's producer). ABC can give the clip to other ABC shows to air it, but take note that the contract does NOT say they're not allowed to profit from it by selling it to other shows like Wild Wedding Videos, or whatever. The bottom line is that national TV is great to be on, but they'll gladly get clips from someone else if you don't want to release the video. Even if you agreed and watermarked the video they'll just blur it out. When the producer called me to tell me what date my clip will air, we talked for a few minutes and he says they have a dozen full time people that do nothing but screen videos all day long, 24 hours a day. By the way, the person that submits the clip is the winner, not the people in it (unless they're the same). -Michael __________________ May the best days of your past be the worst day of your future.