1. making it legal.
the basics of rights flow & assignment
( brown paper bag version)
kim barnes
recovering indie film producer
media biz affairs geek
Thursday, May 23, 13

2. Thursday, May 23, 13

3. i am not a lawyer*
(*and i’ve learned this the hard way)
Thursday, May 23, 13

4. what are the basic rights and who owns them?
when do i need a release, assignment or license?
what are the best practices for rights management?
it’s gonna be a dry run
Thursday, May 23, 13

5. but it’s just for the internet!
do i really need to deal with this?
you’ll probably be a-ok.
.
but then again, you might not
preparedness is everything
would you venture into the desert
without water and sunscreen?
Thursday, May 23, 13

6. You.
for (potentially)
absurd claims for
$$$$, +legal fees
& a logistical
migraine
for not having
some form of
RIGHTS
the barrel cactus is quite thorny
not bothered?
- legal claims
-monetary claims
-distribution issues
-respecting creatives!
Thursday, May 23, 13

7. remember folks:
these are broad explanations & best practices!
beyond this, we travel into the legal expertise wilderness
the jumping cholla (“chol-yah”) break off & roll
Thursday, May 23, 13

8. so let’s talk about the big:
©
how copyright is generally defined by the US library of congress:
copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of
expression. copyright covers both published and unpublished works.copyright, a form of intellectual property law, protects original works of
authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. see circular 1,
copyright basics, copyright protects original works of authorship, while a patent protects inventions or discoveries. ideas and discoveries are not
protected by the copyright law, although the way in which they are expressed may be. a trademark protects words, phrases, symbols, or designs
identifying the source of the goods or services of one party and distinguishing them from those of others.your work is under copyright protection the
moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
source: http://www.copyright.gov/help/faq/faq-general.html
Thursday, May 23, 13

9. practical thinking about copyright
& performance rights:
people working on your video are inherently creating original assets under
copyright law, with likely three basic types of rights
creating original content : “work for hire”
use of existing material considered : ”fair use”
existing material in which you must license
©/℗
✪
✪
✪
* like life, there are grey areas & many ways to “skin a cat”
( & i really love cats, btw)
Thursday, May 23, 13

10. “work for hire”
using employees and/or hiring contractors to create original material as:
- writer
- director
- camera/sound person
- editor
- designer
- announcer, performer, voice artist
- photographer
-composer/musician
- etc
“i paid for it, so i own it, right?”
under copyright law, rights must be assigned over from the creator
before their 100% undeniably yours, free of distribution encumbrances
and claims for additional remuneration.
the solution...
Thursday, May 23, 13

11. a) the work is specially ordered
and commissioned for you
b) you are the sole and
exclusive owner and copyright
proprietor of all rights and title
c) the sum paid for the work is
full and final and irrevocably
transfers and assigns all rights,
title and interest therein,
including all copyrights, &
renewals to you, and,
d) for performances: get their
image/voice and likeness
released for use ...keep it to a one page contract
*music & stills photography will likely have exceptions so seek royalty free contracts...
Thursday, May 23, 13

12. “fair use”
under copyright law, you are not obligated to seek a release to use of an audio or visual
work when any of the following applies*:
criticism/commentary
parody (imagine if SNL needed to clear rights?)
news reporting
excerpts/quotes/ illustrations for teaching /scholarship/research
or the incidental (not-central) appearance of trademarks, etc
* when in doubt, seek an acknowledgment of copyright “fair use” release from the copyright holder.
for full source text go to: http://www.copyright.gov/fls/fl102.html
if you are using a portion or excerpt of a work,
&
the context used is in:
✪
Thursday, May 23, 13

13. *fair use!
Thursday, May 23, 13

14. “existing material”
music, photographs, or any other written or audio/visual work
that does not fall under “fair use”
&
that which you do not create or own ...thou shall license
respect creatives
contact & offer to license their
material on a one-time fee, non-
exclusive basis at fair market value
royalty free options
always give attribution (aka: credit)
give credit where credit is due whenever possible
online catalogs of stills, video
clips and music can be
purchased on non-exclusive,
one-time fee blanket license.
Thursday, May 23, 13

15. what if i have someone or something that refuses to agree to an
assignment of rights?
i have someone who belongs to a creative union?*
try to get this agreed before they start the job, not after
get a lawyer with entertainment rights & union experience.
faqs:
*there’s been a lot of internet usage renegotiation
between broadcasters & various unions.
don’t get caught out of the latest developments
the ocotillo cactus blooms twice a year
what about employees or
ongoing contractors?
use a blanket certificate of authorship rider
Thursday, May 23, 13

16. ?
questions
kim barnes
@kimrbarnes
photographs © kim barnes 2012
anza borrego state park, ca
Thursday, May 23, 13

17. ?
questions
kim barnes
@kimrbarnes
photographs © kim barnes 2012
anza borrego state park, ca
Thursday, May 23, 13