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Likenesses Release or Copyright Ownership?

Discussion in 'Copyright, Trademark, Patent Law' started by Millie267, Nov 1, 2018.

  1. Millie267

    Millie267 Law Topic Starter New Member

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    Hi guys,

    I am clueless and would really appreciate your advise.

    I have an online product, subscription based fitness training program.
    The training program consist of series of instructional videos, (it can be purchased worldwide but my business is located in Europe )

    We only just started, until now, I have been the only instructor and I was in those videos. Recently I have asked a friend (also an instructor) to collaborate with us because I have too much going on.

    Basically she will provide videos of herself performing exercises of my choice. The videos will be edited by someone hired by me.

    We will use these videos for commercial purposes (selling the program) and also in our social media marketing.

    For now we agreed a fixed, one-off payment for a video. If our work goes well I would like to make her a part of the team and share a % of sale when we actually start to make money than our fixed costs.


    But for now we will stick to a fixed per video payment and I need to put this somehow in writing. I am not sure how to go about this
    (I don’t think my friend would ever sue us but my business partner insists to have everything in writing)

    Should I think of likenesses release or more of a copyright ownership agreement? The content (intellectual property) is mine),she is just a model who receives one off payment.


    What would you suggest? Please help!
     
  2. zddoodah

    zddoodah Well-Known Member

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    These boards primarily or exclusively address issues of U.S. law.

    If you were in the U.S., you would need to make sure that you receive an assignment/transfer of ownership of the copyrights in the videos as well as a release/authorization to use the likeness of any person featured in the videos.

    Even if you had identified the country where your friend lives, it is unlikely that I or anyone else here could tell you much of anything about that country's laws.
     
  3. army judge

    army judge Super Moderator

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    You're in Poland.
    None of our regular posters knows anything about Polish law.
    You should consult a lawyer in Poland.
     
    hrforme likes this.
  4. Millie267

    Millie267 Law Topic Starter New Member

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    Lol so if I am on Holiday in China I should consult lawyer in China? The fact I am posting from Poland doesn't mean I reside in Poland. I am asking about U.S law as my friend lives in California. My business is registered in the UK. I wanted It to be clear for both parties

    Thank you, I was asking about the U.S. law.
     
  5. zddoodah

    zddoodah Well-Known Member

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    California recognizes both a statutory and common law right of publicity (i.e., the right not to have one's likeness used for a commercial purpose without permission). The statutory law is codified at section 3344 of the California Civil Code. The common law right is quite similar.
     
    Millie267 likes this.
  6. army judge

    army judge Super Moderator

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    As far as I'm concerned, I have no interest in what you choose to do, or where you claim you go.

    None of my concern, I simply don't care.

    Perhaps another ANONYMOUS person might choose to offer you information.

    I simply don't care.
     
  7. Millie267

    Millie267 Law Topic Starter New Member

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    There is no need to be mean

    Have a wonderful day

    zddoodah - thank you
     
  8. Nada Alnajafi

    Nada Alnajafi New Member

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    I would recommend a simple independent contractor agreement that would contain both a name/likeness release and a work-for-hire clause.
     

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