Who "owns" the copyright on most videos?

[labrys 0]

A thread in S&T brought this question to mind:

If a student buys video (before a jump or after, does that make a difference?) who owns the publishing rights to that video? Can the DZ or videographer publish it if they want to?

Owned by Remi #?

[DSE 5]

There are several answers, but most of em' boil down to one of two.
A-Your DZ has a written, specified work-for-hire agreement for tandem and AFF videos. In this case, the video copyrights belong exclusively to the DZ. However, the DZ may either in total or in part, transfer the rights to the student. Again, this can be in writing, and should be, IMO.

B-Your DZ has no written agreement and as an independent contractor (how most DZ's work), you as the videographer, own the total rights to the video.

This can get very sketchy...Say you shoot a video of a student, and give the student a copy of the DVD. Do you then have the right to distribute their jump video on a demo reel, on the internet, or to a television show?
If there is no written agreement, this is a very challenging situation. They may not want their face plastered on America's Funniest Home Videos....or maybe they don't want to be the next Scott Lutz.
And they can sue you. It's debateable that you are a contractor in the STUDENT'S employ, shooting their work for hire. Legally, paperwork should show you as a WFH. Or show you as NOT being a WFH. This way...everyone knows what's up.

Now....let's say you complicate the video further...you have a WFH with the DZ. You shoot the student, you edit their vid, and you use copyrighted music. The student puts it on YouTube. Copyright holder gets pissed. Who is sued, you or the DZ?
Correct answer is both, but you are most at risk, because you are a 1099 contractor with a WFH agreement with the DZ.

This is the tip of an iceberg in terms of the depth of the question...hope this helps?

[davelepka 4]

We have a model release built into the waiver at the DZ. Wink owns the pictures and videos, and retains the publishing rights.

[DSE 5]

which indicates that Wink is a smart guy....
Or has been around the block a few times...
Or both

[labrys 0]

Thanks, guys. Great information.

Eh, Dave.... I've never actually read our waiver.

Edit to ask:

So hypothetically.. If I ask you or Wink to video something for me, and then I post it on youtube, I'm violating the copyright and Wink could sue me if he chose?

I'm not sayin' he would... just asking. I'll also ask him directly also.

Owned by Remi #?

[DSE 5]

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Thanks, guys. Great information.

Eh, Dave.... I've never actually read our waiver.

Edit to ask:

So hypothetically.. If I ask you or Wink to video something for me, and then I post it on youtube, I'm violating the copyright and Wink could sue me if he chose?

I'm not sayin' he would... just asking. I'll also ask him directly also.

If Wink has a WFH in his agreement with you, the videographer...then yes...he could sue you for infringement.
Imagine you having vid of an incident and posting it. The potential harm to him is immeasurable, irrecoverable. Hence the value in protecting yourself.
ie; read the other thread where a videographer shot a fatality behind another tandem student, and foolishly left the footage in the DVD turned into the student. That easily can (and likely will) find it's way online at some point. How can Orange recover from that footage being out there? They cannot.
IMO, a DZ that doesn't have this waiver with both students and videographers is just asking for trouble.

[labrys 0]

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If Wink has a WFH in his agreement with you, the videographer...then yes...he could sue you for infringement.
Imagine you having vid of an incident and posting it. The potential harm to him is immeasurable, irrecoverable. Hence the value in protecting yourself.
ie; read the other thread where a videographer shot a fatality behind another tandem student, and foolishly left the footage in the DVD turned into the student. That easily can (and likely will) find it's way online at some point. How can Orange recover from that footage being out there? They cannot.
IMO, a DZ that doesn't have this waiver with both students and videographers is just asking for trouble.

Again, your insight and experience are appreciated. What I'm understanding is that both a release from the student and a WFH from the videographer are good ideas.

Owned by Remi #?

[davelepka 4]

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Eh, Dave.... I've never actually read our waiver

Me neither. I just happen to know that one of the 400 paragraphs you have to initial covers that sort of thing.

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So hypothetically.. If I ask you or Wink to video something for me, and then I post it on youtube, I'm violating the copyright and Wink could sue me if he chose?

I think so. I also think that if I shoot something for you personally, and Wink or Down to Earth Video is not involved, than he has no claim to the footage. He would have to shoot it, or accept the payment and assign me to shoot it in order for the stuff in the waiver to apply.

It's a tough call. What do you have? Post it on youtube and I'll let you know if he's going to sue you or not.

[DSE 5]

*typically* the waiver would only apply between tandem or AFF students, as they are the only ones actually hiring a videographer through the DZ.
It would be a RARE case that for example...I could come to your DZ and shoot a piece, and Wink (or anyone else) have any sort of claim over my work.

Great example...Norman Kent's new Scrabble project. He shot it, but didn't need clearances from anyone but his wife and son. And he owns the content 100% free and clear.

[labrys 0]

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It's a tough call. What do you have? Post it on youtube and I'll let you know if he's going to sue you or not.

I got nuttin, Dave. Well... unless I really want to post an example or two of how not to pass an AFFI course.

I was just curious.

Owned by Remi #?

[jtval 0]

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or maybe they don't want to be the next Scott Lutz.

Who's scott lutz?

My photos

My Videos

[divnswoop 0]

Then there is the whole argument over putting copyright music on a video. Some people think that it is not ok to put it on a single video for one tandem student....but if you put it on a year end video and sell 75 copies....it is alright. Figure that one out for me!?!?!


ps...is it cold in Ohio yet?

pss: 6......number of negative replies of several hundred

[beowulf 1]

Neither example you gave would be legal.