Kim Barnes presents Making It Legal


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Kim Barnes presents Making It Legal

  1. 1. making it legal.the basics of rights flow & assignment( brown paper bag version)kim barnesrecovering indie film producermedia biz affairs geekThursday, May 23, 13
  2. 2. Thursday, May 23, 13
  3. 3. i am not a lawyer*(*and i’ve learned this the hard way)Thursday, May 23, 13
  4. 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 runThursday, May 23, 13
  5. 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 notpreparedness is everythingwould you venture into the desertwithout water and sunscreen?Thursday, May 23, 13
  6. 6. You.for (potentially)absurd claims for$$$$, +legal fees& a logisticalmigrainefor not havingsome form ofRIGHTSthe barrel cactus is quite thornynot bothered?- legal claims-monetary claims-distribution issues-respecting creatives!Thursday, May 23, 13
  7. 7. remember folks:these are broad explanations & best practices!beyond this, we travel into the legal expertise wildernessthe jumping cholla (“chol-yah”) break off & rollThursday, May 23, 13
  8. 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 ofexpression. copyright covers both published and unpublished works.copyright, a form of intellectual property law, protects original works ofauthorship including literary, dramatic, musical, and artistic works, such as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 notprotected by the copyright law, although the way in which they are expressed may be. a trademark protects words, phrases, symbols, or designsidentifying the source of the goods or services of one party and distinguishing them from those of others.your work is under copyright protection themoment 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:, May 23, 13
  9. 9. practical thinking about copyright& performance rights:people working on your video are inherently creating original assets undercopyright law, with likely three basic types of rightscreating 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. 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 creatorbefore their 100% undeniably yours, free of distribution encumbrancesand claims for additional remuneration.the solution...Thursday, May 23, 13
  11. 11. a) the work is specially orderedand commissioned for youb) you are the sole andexclusive owner and copyrightproprietor of all rights and titlec) the sum paid for the work isfull and final and irrevocablytransfers and assigns all rights,title and interest therein,including all copyrights, &renewals to you, and,d) for performances: get theirimage/voice and likenessreleased 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. 12. “fair use”under copyright law, you are not obligated to seek a release to use of an audio or visualwork when any of the following applies*:criticism/commentaryparody (imagine if SNL needed to clear rights?)news reportingexcerpts/quotes/ illustrations for teaching /scholarship/researchor 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: you are using a portion or excerpt of a work,&the context used is in:✪Thursday, May 23, 13
  13. 13. *fair use!Thursday, May 23, 13
  14. 14. “existing material”music, photographs, or any other written or audio/visual workthat does not fall under “fair use”&that which you do not create or own ...thou shall licenserespect creativescontact & offer to license theirmaterial on a one-time fee, non-exclusive basis at fair market valueroyalty free optionsalways give attribution (aka: credit)give credit where credit is due whenever possibleonline catalogs of stills, videoclips and music can bepurchased on non-exclusive,one-time fee blanket license.Thursday, May 23, 13
  15. 15. what if i have someone or something that refuses to agree to anassignment of rights?i have someone who belongs to a creative union?*try to get this agreed before they start the job, not afterget a lawyer with entertainment rights & union experience.faqs:*there’s been a lot of internet usage renegotiationbetween broadcasters & various unions.don’t get caught out of the latest developmentsthe ocotillo cactus blooms twice a yearwhat about employees orongoing contractors?use a blanket certificate of authorship riderThursday, May 23, 13
  16. 16. ?questionskim barnes@kimrbarnesphotographs © kim barnes 2012anza borrego state park, caThursday, May 23, 13
  17. 17. ?questionskim barnes@kimrbarnesphotographs © kim barnes 2012anza borrego state park, caThursday, May 23, 13