Copyrighting Drone Footage

[Chaosrider]

I've been engaged to shoot some video for a website upgrade for a local business. To my surprise and delight, the first draft shooting that I did turned out a lot better than I expected. This was also the first time that I flew from a location other than my house. I'm using a Mini-2 for this purpose.

I'm not going to be delivering final footage for use on the website. I have neither the skills nor the inclination to do that kind of detail editing myself. The business has their own experienced video/web person, who's going to produce the final footage from the raw footage that I provide.

My question is, what's the best way to establish my copyright to the raw footage? Do I share the copyright on the final footage with the business? Is there any way to "mark" the raw footage in a non-obnoxious way? We've already agreed that I'll get full credit for the video in the final production that gets posted.

How does this work?

Thx!

 

[FLDave]

Start with a detailed legal contract which includes all of your own protection and remedies in case of contract violation. You'll need a good video/photo copyright legal team to make sure you get it right. Don't try to do it on your own without strong legal advice. This is my own non-legal opinion.

 

[FLDave]

Who will own the rights to the derivative work? Who do you want to own the rights to the original and the derivative works? How do you expect to be compensated?

 

[Chaosrider]

Start with a detailed legal contract which includes all of your own protection and remedies in case of contract violation. You'll need a good video/photo copyright legal team to make sure you get it right. Don't try to do it on your own without strong legal advice. This is my own non-legal opinion.

Well, that might be a good idea, but I'm not going to do any of that, at least not initially. Where I live, a lot of things are done by handshake and verbal agreement, and that's the model that I mostly want to work with.

If this first one...and probably the first several...end up getting "pirated", the galaxy will continue to rotate. I'm more looking for less formal measures that I could take, that would only come into play if a dispute arises.

At least point I'm looking for something between doing nothing, and the full blown legal defense strategy that you suggest. The more formal approach may well be the right thing to do eventually, but not just yet.

I'm not looking for certainty or anything ironclad. I'm just looking for simple things that I can do to increase the odds that I'll prevail if there ever is a dispute.

I appreciate your thoughts!

Thx.

 

[Chaosrider]

Who will own the rights to the derivative work? Who do you want to own the rights to the original and the derivative works? How do you expect to be compensated?

My expectation is that I'll have the rights to the original footage, and I'll share the rights to the derivative footage with the business.

This is a restaurant, so I may end up getting compensated with beer and pretzels for this one, which would be fine.

Thx.

 

[MAvic_South_Oz]

The minute you take a photo or make a video you own the copyright on it.
I would think in that situation you could allow for once of use, or in the sale price negotiated, sell with unlimited use to a client.
I was approached once about one of my YouTube videos to use parts of it in a tv show (reality series) introduction.
They asked for per second price, and for one of and unlimited future use.

Watermarking in the case you suggest probably wouldn’t be acceptable to an end client.

 

[Vic Moss]

As a creative, you automatically own the copyright to any imagery you create (in the U.S.). Unless you have a contract stating otherwise.

You can also file your own copyright for protection on the copyright office. Register Your Work: Registration Portal | U.S. Copyright Office

 

[Kilrah]

As mentioned you have the copyright by default, what you want to do is write up a paper giving the customer a license to use the footage for the agreed purposes and no other, and details any exclusivity or lack thereof.

 

[JimSteadman]

You said - My question is, what's the best way to establish my copyright to the raw footage? You have your answer, but do not want to follow the advice. Please don't complain when things do not go your way. You are asking a legal question - so ask a lawyer and plan to pay him/her for the answer. Or go online and investigate it yourself. As a lawyer, I will tell you that you must get an agreement in writing. I am sure there are websites which will give you a basic contract, but I would also advise that the old maxim "The man who is his own lawyer has a fool for a client." is true.

 

[Vic Moss]

As a lawyer, I will tell you that you must get an agreement in writing.

That’s not how copyright law works in the U.S. Unless there is an agreement stating otherwise, the creator automatically owns the copyright of the creation.

 

[JimSteadman]

OK Vic - you are correct as far as you went. But his response to suggestions that he get something in writing to derivative use was:

Well, that might be a good idea, but I'm not going to do any of that, at least not initially. Where I live, a lot of things are done by handshake and verbal agreement, and that's the model that I mostly want to work with.

If this first one...and probably the first several...end up getting "pirated", the galaxy will continue to rotate. I'm more looking for less formal measures that I could take, that would only come into play if a dispute arises.

At least point I'm looking for something between doing nothing, and the full blown legal defense strategy that you suggest. The more formal approach may well be the right thing to do eventually, but not just yet.

I'm not looking for certainty or anything ironclad. I'm just looking for simple things that I can do to increase the odds that I'll prevail if there ever is a dispute.

When there is a dispute between a content developer and an "experienced video/web person, who's going to produce the final footage from the raw footage" and there is no written contract, he'll have to be content with beer and pretzels, if he can get them. I am not getting into a pi**ing contest over this, but if he wants protection in a legal dispute, this forum is not the place to get advice.

 

[Chaosrider]

The minute you take a photo or make a video you own the copyright on it.
I would think in that situation you could allow for once of use, or in the sale price negotiated, sell with unlimited use to a client.
I was approached once about one of my YouTube videos to use parts of it in a tv show (reality series) introduction.
They asked for per second price, and for one of and unlimited future use.

Watermarking in the case you suggest probably wouldn’t be acceptable to an end client.

Yeah, I thought about the watermarking option, and that would just be too tacky in this application.

While reviewing the video yesterday, I realized that there might be some Chamber of Commerce applications for it. It shows off the area very nicely, even though it wasn't intended for that specifically.

We'll see where it goes!

Thx.

 

[JimWest]

Just have a talk with the restaurant owner about what use he/she will make of your video, and then follow it up with an email outlining your agreement. (If this were a big production with lots of money flowing around, of course you would want to have a more formal legal agreement, looked over by a lawyer and lots of other high-priced advisors. But its maybe not worth it for the project you outline.)
Copyright: As others have said, you automatically own the copyright when you take the picture/video, unless you have signed a work for hire with your client. However, its difficult to get compensated if someone infringes your work unless you have registered your photo/video with the U.S. Copyright Office, which costs money and is a bit of a hassle.

 

[brett8883]

I do this kind of stuff for a living and my best piece of advice to you is to not worry about the copyright and just charge what you will be happy with even if the footage is shared. Everyone will be happier

 

[Cymruflyer]

Just write something up and have the restaurant owner sign it. With photos or video, you may have the agreement that this footage will be used once, or a numbered amount of display times, or it may be a duration of time, viewed for a week, a month or a year, and that should be written down. You can also state where it will be used, on their website, or in a commercial etc. You should set the time duration that the agreement is for and how many times it is to be used during that time period, if that can be determined. That way you have hard and fast parameters. anything done outside of those parameters will have an added cost associated to them, or legal consequences.

You can make it as loose or tight as you wish it to be. All this is for the restaurant. If the chamber of commerce wishes to use it, then this would be a new and separate agreement with all the guidelines for their use laid out in easy-to-understand terms, along with compensation you expect for that use.

By limiting the duration of time, you know they can't keep using it forever and not paying any more. If they have it limited to a year and then wish to use it next year, then they have a new agreement to sign and you have a further payment due, for that use period..

 

[FLDave]

Copyrights may be automatic but enforcement of copyright violations is not. So you should be thinking about how your will enforce any copyright violations when it comes to protecting your own interests. This is where legal opinion and support really matters. Handshakes will not enforce your copyright positions.

 

[Chaosrider]

As a creative, you automatically own the copyright to any imagery you create (in the U.S.). Unless you have a contract stating otherwise.

You can also file your own copyright for protection on the copyright office. Register Your Work: Registration Portal | U.S. Copyright Office

This may prove to be very helpful. I just bookmarked this site.

Thx!!

 

[ThatBeardedDroneGuy]

Copyrights may be automatic but enforcement of copyright violations is not. So you should be thinking about how your will enforce any copyright violations when it comes to protecting your own interests. This is where legal opinion and support really matters. Handshakes will not enforce your copyright positions.

Registering your images/videos is simple and affordable. It also provides significant financial considerations (e.g statutory damages vs actual). I've had two instances where images were used without my permission. Having your works registered adds content when you send a cease and desist letter.

 

[Chaosrider]

You said - My question is, what's the best way to establish my copyright to the raw footage? You have your answer, but do not want to follow the advice. Please don't complain when things do not go your way. You are asking a legal question - so ask a lawyer and plan to pay him/her for the answer. Or go online and investigate it yourself. As a lawyer, I will tell you that you must get an agreement in writing. I am sure there are websites which will give you a basic contract, but I would also advise that the old maxim "The man who is his own lawyer has a fool for a client." is true.

Asking a question does not constitute a commitment to follow the advice given, particularly in a situation when there can be multiple perspectives. A request for information is a request for information, not a request for a decision.

When I buy a copywritten book (I've written a couple too), I don't have any kind of written contract with the author, the publisher, or anybody else. And yet, if I use material in the book without permission, I am in violation of the copyright.

Right?

I'm looking for something that works sort of like that. I put the little (C) notice in both the file name and the outside of the thumb drive. Perhaps that's the best that I can conveniently do, but I'm looking for additional options along those lines, if there are any.

It's not worth spending hundreds of dollars on a lawyer to protect a video that may not even have any monetary value. I might do that when I've made those hundreds of dollars through my drone work, but not at this early embryonic stage.

Thx.

 

[spsphotos]

That’s not how copyright law works in the U.S. Unless there is an agreement stating otherwise, the creator automatically owns the copyright of the creation.

But unless you file with the copyright office you'd have a hella time getting compensation in court. It's cheap enough and gives you at least a bit of protection. Yes, you own the copyright the minute you click the shutter button. But owning and proving ownership are two different things. I know the OP thinks he lives in a handshake and promise world, but that's fantasy at best. A simple document (and there are many online) outlining the usage rights is the best thing for everyone involved, including the client.