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NSW Use of Footage in a Promotional Youtube Video?

Discussion in 'Intellectual Property Law Forum' started by SpixnSpex, 29 June 2015.

  1. SpixnSpex

    SpixnSpex Member

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    Hi,
    Business A was looking for someone to create a video for them and approached Business B. Business B could not provide this service and engaged my video business. No contracts were signed and I was paid by company B for the work.

    The video was created 4 months ago and highlighted many of the services that Business A performs.

    6 weeks ago, I made a promotional video for my own business demonstrating my video making capabilities . I used 3 scenes (8 seconds) from the Business A video. These scenes did not contain any identifiable features of Business A nor did they contain any people.

    This video is now generating interest in my services from competitors in the same industry as Business A. I have worked really hard to get my video ranking on page 1 of Google.

    Business A has now threatened to sue me if i do not take down this video from Youtube. Funnily he has agreed to let me keep it on my website, but I can not have one without the other.

    Can I use the footage that I filmed even though it can not be traced back to Business A?

    Thanks.
     
  2. Tim W

    Tim W Lawyer

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    Who owns the copyright in the footage?
     
    Tracy B likes this.
  3. Tracy B

    Tracy B Well-Known Member

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    1. Did you sign a contract with Business B? If so, what does this agreement say about IP ownership?

    2. If no contract, was anything stated orally that assigned IP ownership over to Business A or Business B?

    3. If not, you are a contractor. As a contractor, the general position is that you own the copyright (and IP) and any literary work you create (including a video). This means you can use it to promote your business, and keep it on youtube. This general position is refuted by agreements/contracts to the contrary. If Business A wanted to stop you, they really should have made you sign an agreement with them handing over the IP rights to them.
     
    SpixnSpex likes this.
  4. SpixnSpex

    SpixnSpex Member

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    Thank you to both of you for your comments.

    Money was exchanged but there was no contract signed and no oral agreement. Both companies had viewed my previous work on my website prior to engaging my services. In fact, by them viewing previous work on my site is what got me the job.

    I appreciate your comments
     
  5. Tracy B

    Tracy B Well-Known Member

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    Glad we could help. Hope it turns out well for you and keep us updated on the outcome.
     

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