Request Denied: No footage for Demo Reel

[Jonathan Bryant]

My understanding is anything you shoot yourself is actually intellectual property of yours. Even if you are doing a commercial and give them the footage. My understanding of the law is they own a copy, UNLESS otherwise stated.

 

Next time can't you have the colorist run two decks at once during the telecine for only alittle more in cost?

 

I bet you had to shoot 2.5 hours because the guy couldn't make up his mind right?

 

Unless the footage I shot was for internal use only by a company and I signed a confidentiality statement any time I have asked I have always been able to get tapes back from rather large companies. I think we all have had great shoots and the client wants the raw footage now and we never get a copy to show. Bummer.

 

I would like other people said just act stupid (or like you haven't even spoke with the unexperienced director) and call all the other people around him and ask for the raw footage.

 

Good Luck

[Brad Grimmett]

My understanding is anything you shoot yourself is actually intellectual property of yours. Even if you are doing a commercial and give them the footage. My understanding of the law is they own a copy, UNLESS otherwise stated.

As long as the producer paid you to shoot the footage they own it. If they DON'T pay you then you own it.

[Alessandro Machi]

As long as the producer paid you to shoot the footage they own it. If they DON'T pay you then you own it.

 

Yep.

[Dan Cordle]

What an awful situation.

 

Mr. Myles, you should have every right to the footage and I'm appalled that anyone would deny a cinematographer access to his work. It's people like that "director" that give the rest of us a bad name.`

 

Whatever you decide to do, I hope it turns out in the best possible way.

[Jonathan Bryant]

As long as the producer paid you to shoot the footage they own it. If they DON'T pay you then you own it.

What law is that? Every book I have read about cinematography and photography says you own anything YOU shoot unless you put it in writing that someone else owns it and has full rights. Take for example stock footage. When I buy a clip do I own the rights to sell it? no I just have the limited rights to use it in my productions.

 

I don't know maybe you are right but the laws effecting cinematography seem pretty vague from person to person.

 

If I had to bet money now I would say you could take him to court and get your footage for demonstration purposes.

 

You created the images so you own them unless utherwise stated on paper.

[Chris Keth]

What law is that? Every book I have read about cinematography and photography says you own anything YOU shoot unless you put it in writing that someone else owns it and has full rights. Take for example stock footage. When I buy a clip do I own the rights to sell it? no I just have the limited rights to use it in my productions.

 

I don't know maybe you are right but the laws effecting cinematography seem pretty vague from person to person.

 

If I had to bet money now I would say you could take him to court and get your footage for demonstration purposes.

 

You created the images so you own them unless utherwise stated on paper.

 

 

The problem with your view is that you created those images, as did a bunch of gaffers, grips, PAs, set dressers and carpenters. Furthermore, you didn't pay for one cent of all that, so I really don't think you're entitled to all the goods. :angry:

[David Mullen ASC]

Something called "work for hire"... you give up any legal rights to the footage by contract with the production. They own it.

 

Now if you had produced and shot this footage yourself, you own it until someone buys it off of you.

[Chris Keth]

Something called "work for hire"... you give up any legal rights to the footage by contract with the production. They own it.

 

Now if you had produced and shot this footage yourself, you own it until someone buys it off of you.

 

 

Exactly, what you're saying is like a construction worker claiming ownership of a skyscraper he helped build. I don't think it's good practice to deny you use of the footage for your reel, but it is their prerogitive.

[Jamie Metzger]

You guys shot 2.5 hours of footage on 35mm for a 30 second commercial!!

 

Good grief that's incredible, it had better be the best darn real estate company commercial ever made.

 

As for your for DP friend, I'm no lawyer, but he is most likely out of luck. The film belongs to the person who paid for it, end of story. If the DP didn't foot the bill for the stock then what makes him think he has any claim? It's not his footage, he was working for some one else.

 

This comms director is being a prick and a jerk that's true. But it's not against the law to be a prick and a jerk.

 

Next time the DP could get a piece of paper saying he'll be provided a few shots for his reel. Usually this is done out of professional courtesy, but obviously not in this case.

 

Here's a possible solution...record a copy of the finished spot off air using a DV Camera. Set up the camera as a deck on a station you know the spot is playing on, start recording every time there is a commercial break. Eventually you'll get it.

 

Once it's on DV you can use it as part of a demo reel no problem.

 

Screw the communications director :D

 

Frank

 

Sorry Frank, but your post was not helpful at all. What needs to be said is the opposite, your DP needs to know how to market himself. Any type of business transaction, wether it be free, or paid, needs a contract.

 

If he worked for someone that's never had experience in the business, then he should know better. I personally do not feel bad for him, unless he spent his own money on it; then I slightly agree with frank.

 

What he needs to do is make a contract stating what he needs, and what he is to be given after completion of project. This can include anything (from sitting in telecine, to getting a copy of his footage for his reel, on any format, any amount of copies.)

 

it's a god damned contract for a reason. You must ask questions to know what you will recieve.

 

 

The problem with your view is that you created those images, as did a bunch of gaffers, grips, PAs, set dressers and carpenters. Furthermore, you didn't pay for one cent of all that, so I really don't think you're entitled to all the goods. :angry:

 

 

Nothing would have been shot, without the camera op.

 

Do people forget this sometimes?