Who owns the video?

[Lisa A]

Sorry--not sure where to place this question on this site...I'm paying a film company to make a 10 min film on a local issue. The proposed contract says they own it and grant me licensing rights in perpetuity? Is this the law? I'm new to this media and can't find any clearcut rules. I don't mind if they use it on their website as a work sample, or maybe even other things, but I was surprised at the contract. Is this standard? I'd like it to be the other way around, or that they need permission to do other things than use it on their site if I'm buying. What's fair?

[Kate Myers]

Lisa,

I am not a lawyer, or even someone who does this sort of thing, but the rights would go whichever way you put them in the contract. If you want ownership rights, tell them so and negotiate that part of the contract. They may choose not to offer you the services any more if this is a sticking point for them, but you should start by trying to negotiate the contract.

If you are concerned, have a lawyer look the contract over. That is a good practice anyway.

[Lisa A]

Thanks a lot for the advice--we're working it out.

[P G Sroufe]

You should have read the contract before signing it. Most production companies and stations, generally, put a clause into a production services contract that says the station/company owns the footage that is shot and can use it for other projects or offer it for sales as stock footage. The only footage you own is the completed project which you should copyright.

Those clauses are standard and negotiable.

[Mike South]

Always read the whole contract.

[Peter Bang]

You should really consult a lawyer, this sounds not true, I mean who has made the movie / film, you or this company, I would not in anyway sign the contract as it is and as you describe it before I got a detailed discussion with my lawyer.