ben-ja-men
ben-ja-men

just lost .... evil init
Location: Adelaide
Member Since: 12th Jun 2003
Total posts: 2474
Posted:so i have a bit of a dilemma, i have some footage i had professionally filmed a few years ago for an instructional poi dvd of a friend spinning. anyway he moved to melbourne and owes me some money for flights i booked for him and he wont return calls/emails etc. im not that concerned about the money if thats all my friendship was worth to him then im obviously better off without it.

so i have this footage (2 minidv tapes worth) of instructional poi footage and 10-20 mins of really really really well shot artsy footage but i cant do anything with it, i was going to enter the artsy stuff into col but couldnt as i cant get him to sign the form. compressing it to a size that makes it internet friendly loses the amazing quality of teh footage ..... suggestions?


Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourself, who am I to be brilliant, gorgeous and talented? Who are you NOT to be?

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Medusa
Medusa

veteran
Location: 8 days at Cloudbreak, 6 in Per...
Member Since: 25th Nov 2003
Total posts: 1433
Posted:Unfortunately without his permission there is not much you can do with it.

Sucks I know, same goes for the stuff I write though (had to learn all this before I was able to start writing articles) if I am going to properly publish something I have to make sure that all the people I have quoted are okay with it and if need be willing to sign something to say that they have no problem with what I have written.


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UCOF
UCOF

Carpal \'Tunnel

Member Since: 17th Apr 2002
Total posts: 15414
Posted:I suppose though.. if he wants his royalties, then he will contact you...
which is what I thoguht you wanted... confused


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Medusa
Medusa

veteran
Location: 8 days at Cloudbreak, 6 in Per...
Member Since: 25th Nov 2003
Total posts: 1433
Posted:Thing is though if you publish it he can sue you then you will not only be paying him royalties but also his court costs...not that much fun.

I know the chances of being busted for it may be slim but do you really want to take that chance?

You're choice obviously in the end....but it could end up costing you


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Igirisujin
Igirisujin

Carpal \'Tunnel
Location: Preston
Member Since: 10th Jul 2005
Total posts: 2666
Posted:You could allways keep the footage for yourself and show it to friends and familly, I mean if you cant really do anything specific with it that you might have wanted too at first but, hey at least you can enjoy your own work.

Chief adviser to the Pharaoh, in one very snazzy mutli-coloured coat

'Time goes by so slowly for those who wait...' - Whatever Happend To Baby Madonna?

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FireTom
Stargazer

Member Since: 20th Sep 2003
Total posts: 6650
Posted:NOPE - If you'd only had copies, or if he'd have the masters and use them for whatever - there is nothing YOU could do.

If you have the masters, there is nothing he can do.

You can use them as you like... (at least as far as my knowledge goes) shrug

Maybe you also do a check at

www.copyright.gov
http://www.royaltylogic.com/faq.php
br>http://www.austlii.edu.au/au/legis/cth/consol_reg/cr1969242/
http://www.templetons.com/brad/copymyths.html
br>
Have fun... wink


the best smiles are the ones you lead to wink

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Medusa
Medusa

veteran
Location: 8 days at Cloudbreak, 6 in Per...
Member Since: 25th Nov 2003
Total posts: 1433
Posted:Make sure if you are going to check the copyright laws then you check them for the country you are from though...looking up another countries laws will be no help cause we are all different!!!!

http://www.copyright.org.au/
br>
Best site to go to for information on the laws in Oz.


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Medusa
Medusa

veteran
Location: 8 days at Cloudbreak, 6 in Per...
Member Since: 25th Nov 2003
Total posts: 1433
Posted:http://www.copyright.org.au/pdf/acc/infosheets/G022.pdf
says:

Recording and communication rights
Under the Copyright Act, performers have the right to grant or refuse consent for their performances to be:
recorded (whether audio or video); or
communicated to the public (via radio or TV broadcast, or over the internet, for example).
Australian Copyright Council Information Sheet G22 Performers rights 2


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FireTom
Stargazer

Member Since: 20th Sep 2003
Total posts: 6650
Posted:Medusa: That's maybe only partly right...

If you're performing in public, you're part of the public, so everyone can fetch a footage, UNLESS you have made it clear (with a sign or something like) that you do NOT wish anyone to videotape you.

If a videotape of you (performing in public) exists, there is NOTHING that you can do to stop it from being broadcasted or used in any commercial context.

The copyright is with the videotaper or photographer, if YOU rip it off the net and try to use it for your own purpose without the authorisation of the photographer, he can even sue YOU - it doesn't matter that it's YOU on the picture/ videotape... (had to learn this one the hard way... frown )

However if someone holds the ORIGINAL tapes (mastertapes) he can use it as he likes, no matter WHO has recorded them... (this get's a little tricky in the age of digital images, but anyways...

to the initial question, DV-Tapes carry a signature and date, WHEN they have been created... IMU Ben can use the tapes as he likes... especially since he paid for them being made.. in other words he aquired the copyright... (in my understanding, but I'm not a lawyer and often surprised by these days jurisdiction)...


the best smiles are the ones you lead to wink

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Stout
Stout

Pooh-Bah
Location: Canada
Member Since: 12th May 2004
Total posts: 1872
Posted:In Canada, the context in which the footage is to be used makes a big difference. Footage shot in a public place can be freely used for editorial purposes, such as showing it on the news. It's when the footage is used for commercial purposes, that the copyright laws come into play, meaning in this case, Ben couldn't enter the tapes in COL without a model release form, but he could freely post them online as long as the site wasn't a "pay" site.

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Medusa
Medusa

veteran
Location: 8 days at Cloudbreak, 6 in Per...
Member Since: 25th Nov 2003
Total posts: 1433
Posted:Ben has already stated that it was instructional footage though which means it wasn't someone he just filmed in a public place...

Therefore he needs to get the person's permission before he can distribute or use it as he feels....


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artindoril
member

Member Since: 1st Dec 2005
Total posts: 117
Posted:In the UK, you would be ok if you filmed it in a public place. However if it was filmed in a private place, such as a back yard, then you'll need to get his permission before using the footage.

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newgabe
newgabe

what goes around comes around. unless you're into stalls.
Location: Bali
Member Since: 3rd Mar 2005
Total posts: 4030
Posted:A friend had a situation like this (in Australia.)
(she was a body artist who painted models). From memory, it was the photographer had the right to the footage... it is the photographer who has created the 'artefact' (the recorded footage) after all. My friend had to pay the photographer for photos of her own work. I will double check how it ended up.


.....Can't juggle balls but I sure as hell can juggle details....

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FireTom
Stargazer

Member Since: 20th Sep 2003
Total posts: 6650
Posted:newgabe: exactly!

Ben: if I get you right, you had an agreement with someone you paid flight tickets for to bring her/him over, so YOU can shoot the footage.

Even though you are not holding any signed contract, it is a verbal one that might be just as valid.

You are the author and you are holding the original (master) tapes - as far as my knowledge goes there is nothing anyone can do to keep you from publishing it.

Especially if you have the receipts of the flight tickets you can provide proof that some contract was established... shrug


the best smiles are the ones you lead to wink

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ben-ja-men
ben-ja-men

just lost .... evil init
Location: Adelaide
Member Since: 12th Jun 2003
Total posts: 2474
Posted:basically the agreement we had was that i would pay for the filming, production and do the editing and we would split the profit. the flights where me doing him a favour as his mother hadnt booked him a flight back home during the uni break due to disorganisation, but to avoid having to pay the money back he wont answer emails photo etc.

Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourself, who am I to be brilliant, gorgeous and talented? Who are you NOT to be?

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FireTom
Stargazer

Member Since: 20th Sep 2003
Total posts: 6650
Posted:well, my suggestion would be that you use the footage and if there is "profit" deriving, you set it aside and keep it for him for the day he returns your mails...

It's nice to have friends who stay friends no matter... wink


the best smiles are the ones you lead to wink

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