Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television, and music.
His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry.
This is the first
live, call-in podcast to clear the air on legal
issues for filmmakers and videographers who are
looking for answers to questions related to starting
a production business, copyright issues, contracts,
intellectual property and distribution.
Questions
answered:
Amit asks: I recently signed a contract with a
major gaming company to create multi-media computer
game. I recently realized the contract says nothing
about creative credit; and when the games I create are
to be released. There is no provision of credits of
any kind given to anyone, anywhere. This is not right!
Can I claim a violation of my moral rights and my
statutory rights udner Section 43(a) of the Lanham Act
and section 106A of the Copyright Act? What is the
likely outcome if I take this a step further?
Jason asks: I put a video tutorial together for a
client, demonstrating how to fill out an application
online for grants from the government. The application
and site belong to the government, it is public
access with no restricted access. There are services
that one can pay to help fill out the application, but
use screenshots. As far as I could find, the project
I put together was the first video tutorial.
Could I go ahead and seek prospective customers to
sell this product to without worrying about
encountering problems. The agreement I had with the
client does not restrict me in any way and I retain
all the rights to the project. Am I violating any
copyrights because the
video shows an application belonging to the
government?
David asks: I was the first video editor for
a major metropolitan newspaper and completed many videos while
working there. During the beginning of October, I was
very involed with a large project; however, I was fired while working on the
series, for tardiness.
This month they released the entire printed story and
online videos. The videos have had some 'extra'
editing (cut aways), but my edited narrative remains
intact. They never would have achieved the same result
without my prior editing. Do I have any rights towards
this project?
Until being let go, I had invested my self into the
project and was feeling extremely confident and
proud of the work. Yet, the video online has no credit
towards my editing, though it is mine.
Is there a legal claim towards credit and revenue for
use of video that they did not prepare?
After noticing the absence of credit I feel completely
disgusted. Do I have any case at legally correcting
their errors. I don't know what I can do.
Also... I am a composer and an ASCAP member.
Occasionally my music was in videos, but we never
clarified any terms or contracts for use. One of my
last edits also used my music for one video and I was
waiting on an outside band's permission for use; but
was never able to finalize the rights, and informed
them of this. Yet, they posted both videos with both
our music in it. Do I have any claims toward my art
while I was employed?
Nancy asks: I recently closed off on an exclusive
video modeling contract for my 14 year old son. Come
to find out they are not giving us work, let alone
work that we expected to receive. Can we fire the
agency without any legal repercussions since he is
just a minor.
Elliot asks: How credible is videotape in criminal
cases if those being videoed are unaware they are
being recorded? What laws (if any) protect a persons
privacy related to recorded footage?
Celeste asks: I want to covertly install security
video cameras in my jewelry store to record the moves
and actions of of every customer and employee during
business hours. The tapes will be stored for future
use if needed. Do I have to post a notice of this
activity for customers to see and also let employees
know? If I need to turn the videos in for use as legal
evidence do I need the customer's and employee's
permission? I recall listening to you mention sporting
events and the notice on back of tickets and wondered
if this applies.
Enrique asks: I took advantage of a school report I
had to do and videotaped a police officer on the job
issuing me a ticket for running a red light. After
handing over the ticket, he drove off but suddenly
noticed the camcorder and stopped me again. The
officer approached my window demanded I turn the
camera off while reaching into my truck, forcefully
removed the tape and threw the camcorder back in my
cab breaking the lens. What are my legal rights? Do I
have a right to videotape a police officer during a
traffic stop, or in public for that matter? and can I
sue to get another camcorder?
Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television, and music.
Amit asks: I recently signed a contract with a
major gaming company to create multi-media computer
game. I recently realized the contract says nothing
about creative credit; and when the games I create are
to be released. There is no provision of credits of
any kind given to anyone, anywhere. This is not right!
Can I claim a violation of my moral rights and my
statutory rights udner Section 43(a) of the Lanham Act
and section 106A of the Copyright Act? What is the
likely outcome if I take this a step further?
