The Law and Video Podcast for September 18, 2007
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:

Leanne wants an easy way to get copyright permission when making videos for friends. I do not charge them and I have used copyrighted music in the video. I have been told that I should start a business to be paid for my work. One of the reasons why I don't is because I would like to be able to use copyrighted materials. It means more to the client if they have their favorite song on the video. I have not found an easy way to get permission. Do you know of one? How do DJ get permission and is that the same use? Is there a public use clause that I may be able to use? Do you know, can I get paid if the client provides the music?

Stan has a question about audition tapes and reels he produced: as an artist what rights do you have to the audition tape or a demo reel if used in a final production of a song?

Sharon wants to know if there is an entertainment company that would be interested in her script. Should she have an attorney before I sign anything?

Jack wants to know if wedding videographers own the original tapes and ALL reproduction rights to what they shoot. Or is what they do for a client a work-for-hire and the client gets the original tape? He's not talking about non-wedding shoots, he states in his contract for corporate clients that he owns the original video rights (unless the tapes show something secret or proprietary) and so far no client has had a problem with that.

Sheryl asks: I am wondering what kinds of legal things I should consider after filming a documentary for a school project in Spain. Does the school own the video since it is their equipment? Can I use the video as a demo on my reel? Do I need to have release forms for everyone I shoot? How about music shot on location? will I have to get copyright clearance?

Kevin asks: How do you safeguard your idea when pitching a production to a major broadcast company; how do you safeguard your concept?


Show notes

U.S. Copyright Office
The American Society of Authors and Publishers
Broadcast Music, Inc.


 


 

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