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Old 30th March 2010, 17:44   #1  |  Link
Die*wrek*show
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Need Help w/ Selling My Video Footage

I call on the power of Doom9 to help a lowly n00b with his first chance to make any real money at video production. This may seem mundane but is very exciting for me. This is my first time. I just got an email from a potential buyer(client)!

Basically, I took some videos of an American music festival called "SXSW" with my still camera. I was going to post a thread in avisynth forum requesting a special avisynth script to clean up my video, but before I even do that I have to handle some other aspects.

Like:

1. Does anybody have a sample rights usage contract they wanna post so I get a better idea of how to fine-tune mine? I'll post the one I use for photography soon as I can find it. But trust me it's pretty bad.

They say they want the footage for "internal" use. Like an in-company promo video?? Or something. What I'm trying to do is just grant them rights to do that only.

2. How much do you suggest I charge? I have one video that was shot in good light, close to the band, and an all around winner. But the sound sucks, because my built in mic sucks. So even for my best video, it's only 720p with crappy sound. The rest were at night, 20 feet away from speakers : (

However bad though, there was only like 1 or 2 other shooters so it's not like they have much of a choice who to buy from for these specific shows I shot.

3. Is it considered rude to watermark my video when showing in a situation like this? I only have experience from the photography side of things. In that business if you give someone a 10MB .raw file without getting paid first, you might be waiting a while for that check.

Hmm... can you guys think of anything I'm forgetting? Just want to get a few pieces of advice before stepping into this.

Thanks in advance.

-Die
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Old 30th March 2010, 18:31   #2  |  Link
Inspector.Gadget
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As long as we're on the subject of rights usage, do you have the band's permission to redistribute copies of their sound recording and musical composition under US copyright law?
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Old 31st March 2010, 09:02   #3  |  Link
Ghitulescu
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Quote:
Originally Posted by Inspector.Gadget View Post
As long as we're on the subject of rights usage, do you have the band's permission to redistribute copies of their sound recording and musical composition under US copyright law?
Video distribution is under the videographers' copyright, not bands'. They (the band) should have however agreed BEFORE the shooting, which also includes the rights to sell the musical background (ie the music they sang during the videoshooting). BTW, North America also includes Canada and Mexico. While I have a bit of knowledge what the Canadian copyright law says, I'm not sure at all about the Mexican one

You can watermark (your logo, your tel nr. etc.) your own creation for demo purposes only. You can also [try to] sell a watermarked clip, I'm not sure who'll buy it (because of the watermarking).

Well, the audio part is what people spot the first. Even more if it's a music band, people expect quality here. Just do another shooting session, or ask the permission to use a CD or any sound demo they have. Remember, the copyright for the music still remains with the band, but as you can see in the 1st paragraph, you should obtain their agreement.

Finally, did you get the approval for shooting from the organisers? Most festivals forbid the taping/shooting, not only for commercial uses, but also for personal ones.
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Old 31st March 2010, 14:06   #4  |  Link
Die*wrek*show
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Thanks for the responses.

Most of my videos were shot at an outside event. No tickets were needed to enter, and they did not check cameras coming in at all. My thought was since it was open to the public they were not concerned about picture or video taking. There is no "press" section of the venue website, but for the reasons already stated, I did not think I needed permission. It's been my experience with photography, that when a venue doesn't allow it, they make it known immediately when they see you entering with a camera.

Now, as far as the band goes, if I understand your responses correctly I think what you are both saying is the audio track is what I can't use. In other words, if I sold my video w/ audio ripped out, I'd be ok and I also would not need to get the band's permission as there is nothing involving their copyrighted songs. Only their visual image.

I'll repost an excerpt from this thread, that I just found on google that tells how it works from the photography side of things:

"Dan Heller goes into the US situation in some detail; basically, a photo of a recognisable structure as art does not need a release (though if you used it in a defamatory way I imagine they could sue you); editorial use (which is of course commercial in that it is content that sells a product) does not, but "proper" commercial use in ads/posters and the like does in certain cases too complex to explain here!"

FWIW this is my photography contract, as I did said I would post it.

Invoice

To:

Date:

City where work was performed:

-----------------
From:

-----------------
Description/Rights Granted/Period of Use

<Description of Photos Taken>

I grant ______ ,his company, and his associates the following limited rights to use the specified photos I have taken.

<Description of Rights Granted>

<How long Rights are Granted>

------------------
Fees

<state fees here>

------------------
subtotal ______

less advance money ______

total amount due ______

GRANTING RIGHTS OF USAGE IS CONTINGENT UPON FULL PAYMENT
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Last edited by Die*wrek*show; 31st March 2010 at 14:12. Reason: added italics
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Old 31st March 2010, 14:35   #5  |  Link
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Quote:
Video distribution is under the videographers' copyright, not bands'.
The video work includes copyrighted material that belongs to the band(s) and songwriters, including musical compositions and sound recordings. This is an issue that has been litigated a near-infinite number of times in US federal courts.

Quote:
My thought was since it was open to the public they were not concerned about picture or video taking.
One would hope, but it doesn't necessarily mean you're in the clear. For any footage with audio segments, you should shoot an e-mail to the bands and ask permission to use the audio. Hopefully they'll just be glad for the publicity.

By the way: I am not your lawyer, this is not legal advice, my general recommendations in this thread do not form an attorney-client relationship.

Good luck with your work!

Last edited by Inspector.Gadget; 31st March 2010 at 14:38.
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Old 1st April 2010, 10:19   #6  |  Link
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Quote:
Originally Posted by Inspector.Gadget View Post
The video work includes copyrighted material that belongs to the band(s) and songwriters, including musical compositions and sound recordings. This is an issue that has been litigated a near-infinite number of times in US federal courts.
You're not contradicting me . I also said that the videographer should obtain the permission of the band, otherwise s/he cannot use the video for commercial purposes. And if s/he didn't get the approval beforehand s/he can even be suit for illegal filming. That the movie contain music and other things (accidental filming of posters or similar) is not necessarily a copyright infringement, there is also a fair use clause. Since the filming does not includes neither the lyrics nor the musical scoring - the videographer is not required to ask for permission from the componist, but the band that sings and plays their works (lyrics and scores).

Summa summorum
:
the lyrics belong to the "poet"
the scores belong to the compositor
A band that sings and plays them should have the licence from both - the music belongs to them (the interpretation)
A video operator that tapes the concert should have the licence from the band, neither from poet nor from compositor (unless the first licence forbids the band to perform commercially that lyrics/scores). - The film belongs to her/him (creativity in filming).
A TV broadcaster or a news agency has to have the licence from the videographer to use its video, neither from band, nor poet/compositor.
On top of this is the fair use concept.

And so on, because each element had added her/his work to the previous one, and that part cannot be claimed by anyone else. It's a chain of artistic licensing.
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Old 1st April 2010, 10:22   #7  |  Link
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Quote:
Originally Posted by Inspector.Gadget View Post
For any footage with audio segments, you should shoot an e-mail to the bands and ask permission to use the audio. Hopefully they'll just be glad for the publicity.
A big YES!
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