Video Copyright Infringement

[Mechwariorx]

Hello,

I'm a currently an undergraduate college student and independent videographer. I was asked to shoot a video for a non-profit organization that wanted to show the diverse industry in the area about a year ago. I shot the video for free and I retained all ownership of the footage. The video was made up of five segments, each one showing a local business. One of the five local businesses contacted me about receiving a copy of their segment of the video. I sent them a low quality DVD in the mail and I informed them that they can use it for non-commercial use.

Recently, I found out they have downloaded the video in high definition from the hosting website I use and uploaded it on their YouTube channel almost ten months ago. I don't offer a link to download the video; they would have to use software to rip the video from the website. I have been sending emails to the company for the past seven weeks, but they seem to be brushing me off.

I know I can contact YouTube and get the video removed, but I'm looking to sell or lease the footage to the company who is currently using it. It doesn't look like they're willing to cooperate with me, so I've looking into the possibility of a lawsuit. I've read that copyright infringement falls under federal jurisdiction, but is there a way I could file a different claim in small claims court? Would a breach of contract lawsuit hold up because of our talk about using the video for non-commercial use? If they remove the video from YouTube, could I still have a case regarding the almost ten months of use and the 582 video views?

Thanks,

Eric

 

[army judge]

Nice try, but what are your damages? Besides, you gave them the video, didn't you? Did you also provide them with your copyright protections? Did you admonish them, contractually, as to how they must use the video?

Were your instructions as to the firm's non-commercial use of the video in writing? You mention breach if contract, what contract? Are you thinking your alleged oral instructions akin to a contract?

I suspect the business has vetted this through their legal (or with their lawyer). How can you PROVE authenticity of the video and ownership?

You've got some hurdles to overcome. I don't even think YouTube will even take it down on your information, alone.

Let's see what Law Professor has to say about all of this. He's a renowned expert in this area of the law. I'm just a generalist, whacked out hack.

 

[Mechwariorx]

Thanks for your reply.
I volunteered my time to plan, shoot, and edit the original video in hopes to sell footage and to make contacts which would hopefully lead to future jobs. The organization that wanted me to shoot the video have a video like it made every year, and they told me they have had firms buy the footage from the videographer quite often in the past.

I did give them a low quality copy of the video, but they "ripped" the high quality copy from online. Is it wrong to assume there's a difference? My logic is that DVDs (low quality) and Blu-ray Disks (high quality) have the same content, but are quite a bit different in price.

All of our communications have been through emails, so they did have my request for non-commercial use of the video in writing.

I can prove ownership of the video with the original footage tapes, emails with the business talking about the video where they have acknowledged it's mine, and from the original organization that wanted me to shoot this video. Is this enough?

Thanks again for your reply; I really appreciate it!

Eric

 

[army judge]

Thanks for your reply.
I volunteered my time to plan, shoot, and edit the original video in hopes to sell footage and to make contacts which would hopefully lead to future jobs. The organization that wanted me to shoot the video have a video like it made every year, and they told me they have had firms buy the footage from the videographer quite often in the past.

I did give them a low quality copy of the video, but they “ripped” the high quality copy from online. Is it wrong to assume there’s a difference? My logic is that DVDs (low quality) and Blu-ray Disks (high quality) have the same content, but are quite a bit different in price.

All of our communications have been through emails, so they did have my request for non-commercial use of the video in writing.

I can prove ownership of the video with the original footage tapes, emails with the business talking about the video where they have acknowledged it’s mine, and from the original organization that wanted me to shoot this video. Is this enough?

Thanks again for your reply; I really appreciate it!

Eric

You are welcome, Eric.

Emails fall far short of being contracts. They can probably show the intent of the original author, but they aren't contracts.

That said, let's see what Law Professor has to say about your issue. He's one of the founders and leaders on this site. He also happens to be among one of America's foremost legal experts on this topic. Maybe, we'll both learn something.