Kim Barnes presents Making It Legal

making it legal.the basics of rights flow & assignment

( brown paper bag version)

kim barnesrecovering indie film producer

media biz affairs geek

Thursday, May 23, 13

i am not a lawyer*(*and i’ve learned this the hard way)


what are the basic rights and who owns them?when do i need a release, assignment or license?

what are the best practices for rights management?

it’s gonna be a dry run


but it’s just for the internet! do i really need to deal with this?

you’ll probably be a-ok..

but then again, you might not

preparedness is everything

would you venture into the desert without water and sunscreen?


You.for (potentially) absurd claims for $$$$, +legal fees

& a logistical migraine

for not having some form of

RIGHTS

the barrel cactus is quite thorny

not bothered?- legal claims

-monetary claims-distribution issues

-respecting creatives!


remember folks: these are broad explanations & best practices!

beyond this, we travel into the legal expertise wilderness

the jumping cholla (“chol-yah”) break off & roll


so let’s talk about the big:

©how copyright is generally defined by the US library of congress:copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. copyright covers both published and unpublished works.copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. see circular 1, copyright basics, copyright protects original works of authorship, while a patent protects inventions or discoveries. ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

source: http://www.copyright.gov/help/faq/faq-general.html


http://www.copyright.gov/help/faq/faq-general.html

http://www.copyright.gov/help/faq/faq-general.html

practical thinking about copyright & performance rights:

people working on your video are inherently creating original assets under

copyright law, with likely three basic types of rights

creating original content : “work for hire”

use of existing material considered : ”fair use”

existing material in which you must license

©/℗

✪

✪

✪

* like life, there are grey areas & many ways to “skin a cat” ( & i really love cats, btw)


“work for hire”using employees and/or hiring contractors to create original material as:- writer- director- camera/sound person- editor- designer- announcer, performer, voice artist- photographer -composer/musician- etc

“i paid for it, so i own it, right?”

under copyright law, rights must be assigned over from the creator before their 100% undeniably yours, free of distribution encumbrances and claims for additional remuneration.

the solution...


a) the work is specially ordered and commissioned for you

b) you are the sole and exclusive owner and copyright proprietor of all rights and title

c) the sum paid for the work is full and final and irrevocably transfers and assigns all rights, title and interest therein, including all copyrights, & renewals to you, and, d) for performances: get their image/voice and likeness released for use ...keep it to a one page contract

*music & stills photography will likely have exceptions so seek royalty free contracts...


“fair use”under copyright law, you are not obligated to seek a release to use of an audio or visual work when any of the following applies*:

criticism/commentary parody (imagine if SNL needed to clear rights?)

news reportingexcerpts/quotes/ illustrations for teaching /scholarship/research

or the incidental (not-central) appearance of trademarks, etc

* when in doubt, seek an acknowledgment of copyright “fair use” release from the copyright holder.

for full source text go to: http://www.copyright.gov/fls/fl102.html

if you are using a portion or excerpt of a work, &

the context used is in:

✪


http://www.copyright.gov/fls/fl102.html

http://www.copyright.gov/fls/fl102.html

*fair use!


“existing material”

music, photographs, or any other written or audio/visual work that does not fall under “fair use”

& that which you do not create or own ...thou shall license

respect creativescontact & offer to license their material on a one-time fee, non-exclusive basis at fair market value

royalty free options

always give attribution (aka: credit)give credit where credit is due whenever possible

online catalogs of stills, video clips and music can be purchased on non-exclusive, one-time fee blanket license.


what if i have someone or something that refuses to agree to anassignment of rights?

i have someone who belongs to a creative union?*

try to get this agreed before they start the job, not after

get a lawyer with entertainment rights & union experience.

faqs:

*there’s been a lot of internet usage renegotiation between broadcasters & various unions.

don’t get caught out of the latest developments

the ocotillo cactus blooms twice a year

what about employees or ongoing contractors?

use a blanket certificate of authorship rider


Kim Barnes presents Making It Legal

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