Re: Editors rights to elements created at previous employer

[david friedman <gevalt1(at)gmail.com>]

reminds me of a time when i was doing a direct marketing spot for the record company of a popular pop singer. the artist told us that 'he owned all of his old footage'. what he really meant was that he had a COPY of all his old footage. the broadcast rights were owned by someone else. needless to say we used very little of that footage. the record company didn't want to pay for it.

the point being that the editor should ask permission EVEN THOUGH for non-broadcast, non-commercial use (such as a demo reel) the argument could be made for what's called "fair use" under copyright law. the copyright will always belong to the client (or the client's client).


david friedman



On Thursday, January 26, 2006, at 01:10  PM, Hollis, Mark (NBC Universal) wrote:

> I have always been pleased to keep and show samples of my work -- but not necessarily the whole body of the work. The copyright almost always belongs to the copyright holder and not necessarily the "technician" that performed the work. For example, were I to do a music video for a band, certainly the rights to the images and song belongs to them, not to me.
>  
> I always ask when I feel like I have performed work that is worthy of a demo reel if I might keep a copy and nobody has ever refused that request. But I would never assume that I hold any rights -- save the right to show part of the work as an example of my work -- to the product.
>
>
> -----Original Message-----
> From: owner-ds(at)Softimage.COM [mailto:owner-ds(at)Softimage.COM]On Behalf Of
> Ken Skaggs
> Sent: Monday, January 23, 2006 4:38 PM
> To: DS(at)Softimage.COM
> Subject: OT: Editors rights to elements created at previous employer
>
>
> What is the general consensus on this list as to an editor or visual effects
> persons right to show work created at his former place of employment on his
> demo at his new place of employment?  I have always worked under the
> assumption that the work follows the person who did it.  I myself usually
> pull the work off my demos from former employees right away.  In this
> instance, I am being questioned as to my right to show work from a newly
> acquired employee that he did at his former job.  More specifically, in the
> visual effects area, however, the shots in question were heavily affected by
> my new employee and not just a minor detail in a large shot.  Legal
> references as well as opinions are welcome.  I feel they are being petty and
> I am tempted to respond that I want them to take the shots down from their
> demo since none of their current employees had a large hand in the work.
>
> Thanks,
>
> Ken
>
> Ken Skaggs
> President/Founder
> Frames
> 3008 Ross Avenue
> Dallas, TX 75204
> 214-922-9232
> kskaggs(at)framespersecond.com
>
>
>
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