Video Copyright Question

Status
Not open for further replies.

Curiously

New Member
Hi, I have a question regarding video footage I shot for a documentary. I live in Portland, OR and the footage in question was shot in Portland, L.A. and NYC.

I started making a documentary about an underground theater director in 2003. We were both living in Portland and he signed a release form granting me all rights. He passed away in 2007. He left me a posthumous personal gift of less than $10,000. His wife sent me the money. During the end of 2007 and the year of 2008, his wife and sister offered personal gifts of less than $20,000 and funds of less than $5,000 were raised from his friends and students. These funds helped finance interviews of students and family in L.A. and NYC. No professional 'for hire' agreements were made either verbally or written with any financial contributors, and the majority signed release forms granting me rights to their footage. The final, edited DVD has been self-published and copyrighted but I have heard through the grapevine that the sister may want to try and 'take' my footage from me. Can she do this?

She claims that his posthumous gift (which was delivered with zero instructions on exactly how it had to be used, though it was understood I would use it honorably on the doc) + her financial contributions give her rights to the footage those gifts helped finance, however there was never any discussion, instructions or verbal/written agreement about any expectations she/they had re the footage or the movie. I was not working for any member of that family; it was my artistic endeavor, and all gifts were made via cash or money order or personal check. (And, yes, I did claim them on my taxes.) Additionally, no one from the family or group of students has contacted me even informally about using any of the footage not seen in the film. Why their reaction? They would have made a different documentary than the one I chose to make... But, again, my agreement early on was with the deceased director and he wanted me to make my film and signed a release form along with the majority of other interviewees granting me rights...)

Can she just take the footage? Can I consider myself the owner until I hear from her officially? Is there something I can do to protect my rights?

Thank you for your advice!
 
You need an attorney - this is a complicated matter and so many different questions need to be answered. For example, why would this person give you "gifts" to make a documentary? Were these really "gifts" or were they extensions of money for a purpose? When you say with "zero instructions on how it was to be used" - what does that mean? Was this a gift to you so that you could spend it on cigars if you wanted? Was there a specific purpose? Was there a discussion as to what happened when the film was done, edited, etc. Sure there are 'default' positions but there are many questions which could affect determining the status of the ownership rights of and to this film.
 
Status
Not open for further replies.
Back
Top