Employers wants to use footage

[Meelius]

Hi. I work as a lecturer at a UK university. Recently I shot some pretty nice footage over the campus buildings

I did a 1 min edit and posted onto my Vimeo, and a colleague who saw it suggested I send the link to the Marketing dept.
I did so without really thinking and now they are asking me if I can give them the original footage for a promotional video they are making.

What do I say to them?

The thing is

1) I am not licensed commercially yet. ( Am trying to save in order to take the £1000+ PFCO course soon )

2) I'm fairly new in my post, and don't want to P them off by saying an outright no, but on the other hand this is a UK University that is effectively a multi million pound business, and I feel that if they want to use my work in promoting their business then it's only fair they pay the going rate. ( or something close to it)

Any advice greatly appreciated.

Heres the edit btw

Thanks

M

 

[AMann]

I’m in the US, but its the same here. Not sharing my work until I can do it legally. If your mployer asks you to do something illegal, would you do it? There isn’t a difference with what you filmed. Maybe be less open about what you are doung until you can announce it? See if you can get a written agreement that you only voluntarily gave it to them and that there were no job related benefits in doing so. Otherwise, even a fringe benefit like a meal is not permitted here in the US.

 

[Constant Drone]

A couple of things to consider:
• Make sure there are no regulations for drones on campus.
• Put a copyright on the Vimeo you released.
• If they have the tenacity to ask for your raw footage to use as a promotional (Which would benefit the school financially) I would have the tenacity to ask what would be your payment. You are employed by them, they don't own you.

 

[Jerry]

I just came across DroneSafe website, they let flyers post content for sale, perhaps that may give you an idea of prices you would be able to charge.

 

[choo choo]

I just came across DroneSafe website, they let flyers post content for sale, perhaps that may give you an idea of prices you would be able to charge.

As long as you took the footage without originally having any intention of monetary gain, and later sell it, you can, or give it away, you don’t need to be registered as a commercial flyer. If you take footage with the sole intention of monetary gain, then you need to be registered for commercial flights. For example if you are doing work for estate agents photographing properties for them, or aerial surveys, and you are charging them for the commission, then you need to to be pfco registered.

 

[choo choo]

Hi. I work as a lecturer at a UK university. Recently I shot some pretty nice footage over the campus buildings

I did a 1 min edit and posted onto my Vimeo, and a colleague who saw it suggested I send the link to the Marketing dept.
I did so without really thinking and now they are asking me if I can give them the original footage for a promotional video they are making.

What do I say to them?

The thing is

1) I am not licensed commercially yet. ( Am trying to save in order to take the £1000+ PFCO course soon )

2) I'm fairly new in my post, and don't want to P them off by saying an outright no, but on the other hand this is a UK University that is effectively a multi million pound business, and I feel that if they want to use my work in promoting their business then it's only fair they pay the going rate. ( or something close to it)

Any advice greatly appreciated.

Heres the edit btw

Thanks

M

Oops I accidentally answered Jerry. See my post regarding flying for gain. It’s all about the intention you had when doing the original footage

 

[Jerry]

All good choo choo, no probl3m and a good bit of info for Meelius.

 

[choo choo]

All good choo choo, no probl3m and a good bit of info for Meelius.

Thanks Jerry. Safe flying and best wishes to you and everyone you hold close to your heart.

 

[AMann]

^no lawyers wrote any of that above. But flying under the commercial wire in UK may be easier than in the US- we cant even post on YouTube.

 

[mrwagdog]

I'm not a lawyer. This isn't advice, it's just my opinion.

It doesn't matter what the original intention was whilst filming. Your drone work can't be used commercially unless you are licensed. Period.

Perhaps the U.K. is different, but that's how I understand the law here in the US. I doubt it's any different in the U.K.

Tell the PR dept that. Maybe it will open a conversation about them supporting your efforts to get licensed?

 

[AMann]

I'm not a lawyer. This isn't advice, it's just my opinion.

It doesn't matter what the original intention was whilst filming. Your drone work can't be used commercially unless you are licensed. Period.

Perhaps the U.K. is different, but that's how I understand the law here in the US. I doubt it's any different in the U.K.

Tell the PR dept that. Maybe it will open a conversation about them supporting your efforts to get licensed?

Totally agree with you- good suggestion getting the employer to help, too!

 

[Meta4]

^no lawyers wrote any of that above. But flying under the commercial wire in UK may be easier than in the US- we cant even post on YouTube.

That legal advice wasn't even worth what it cost.
Of course you can post your videos on youtube.
Any suggestion to the contrary is incorrect.
The myth, which is often quoted on forums goes back to an incident in March 2015 when one FAA official overstepped his authority.
The FAA clarified the situation soon after.
Read all about it here: FAA Admits That They Shouldn't Be Ordering People To Delete Drone Videos

I'm not a lawyer. This isn't advice, it's just my opinion.
It doesn't matter what the original intention was whilst filming. Your drone work can't be used commercially unless you are licensed. Period.

And that's another opinion that isn't correct.
The FAA and CAA aren't the who-can-sell-photos-&-videos police.
Their business is aviation safety.
They are concerned about unlicensed commercial flight.
The flight was completely legal and done for recreational purposes.
Having the good luck to take photos or video on a recreational flight that someone later wants (and maybe will even pay for), doesn't retrospectively make a previously legal flight illegal.

To see the FAA's opinion on this, read this post:
Incredibly lucky new Phantom owner

What do I say to them?
Any advice greatly appreciated.

If the video is good enough for the university to use, it's good enough for them to pay for.
Don't give your work away.

 

[Thealien]

I like the idea of them helping (or paying for) your 107 certification. Because you wouldn't want to put yourself or the school in an uncomfortable position should some jerk make an issue of it?

Going like that also shows your "honesty" and wanting to do things right? Just my thoughts

 

[ac0j]

I think some people are confusing the OP's location. I dont think he meant University of Kentucky UK, I an pretty sure he means the United Kingdom UK. So FAA, and part 107 comments probably dont apply.
I feel more comfortable letting others from HIS area with knowledge of the UK rules answer this.

 

[james_mav]

Hi. I work as a lecturer at a UK university. Recently I shot some pretty nice footage over the campus buildings

I did a 1 min edit and posted onto my Vimeo, and a colleague who saw it suggested I send the link to the Marketing dept.
I did so without really thinking and now they are asking me if I can give them the original footage for a promotional video they are making.

What do I say to them?

The thing is

1) I am not licensed commercially yet. ( Am trying to save in order to take the £1000+ PFCO course soon )

2) I'm fairly new in my post, and don't want to P them off by saying an outright no, but on the other hand this is a UK University that is effectively a multi million pound business, and I feel that if they want to use my work in promoting their business then it's only fair they pay the going rate. ( or something close to it)

Any advice greatly appreciated.

Heres the edit btw

Thanks

M

You did the video for fun/experience & was not expecting any compensation for your efforts. I'd give them whatever they want this time. It would be like free advertising & maybe they can pay you for your services in the future.

 

[bushie]

From what i understand the rules in the UK are similar to here (Australia). There is absolutly no problems if you sell your video. I did 100s of hours as a private pilot flying myself around for work. I was not hired as a pilot but as an engineer. Transporting my self with my employer paying for the aircraft hire was not considered commercial flying.

 

[choo choo]

That legal advice wasn't even worth what it cost.
Of course you can post your videos on youtube.
Any suggestion to the contrary is incorrect.
The myth, which is often quoted on forums goes back to an incident in March 2015 when one FAA official overstepped his authority.
The FAA clarified the situation soon after.
Read all about it here: FAA Admits That They Shouldn't Be Ordering People To Delete Drone Videos

And that's another opinion that isn't correct.
The FAA and CAA aren't the who-can-sell-photos-&-videos police.
Their business is aviation safety.
They are concerned about unlicensed commercial flight.
The flight was completely legal and done for recreational purposes.
Having the good luck to take photos or video on a recreational flight that someone later wants (and maybe will even pay for), doesn't retrospectively make a previously legal flight illegal.

To see the FAA's opinion on this, read this post:
Incredibly lucky new Phantom owner


If the video is good enough for the university to use, it's good enough for them to pay for.
Don't give your work away.

Thank you meta4. You made my point exactly.
The blood sucking lawyers would start an argument in an empty room if they thought there’s a ‘buck or two’ in it for them.

 

[choo choo]

I think some people are confusing the OP's location. I dont think he meant University of Kentucky UK, I an pretty sure he means the United Kingdom UK. So FAA, and part 107 comments probably dont apply.
I feel more comfortable letting others from HIS area with knowledge of the UK rules answer this.

You are correct. It was the University of Birmingham in the U.K. Not Birmingham Alabama. Birmingham is the second or maybe the third largest city in the U.K. (London is the largest). Not too far from Birmingham, which was famous for its chocolate manufacture amongst other things, are the cities of Coventry and Stratford Upon Avon. Birmingham is famous for Lady Godiva riding naked on a horse thro the streets of Coventry in the 11th century.
All because her husband or some nobleman had levied crippling taxes on the poor population, he said he would reduce the taxes only when she got her norks (breasts) out and rode naked on horseback thro the streets...and she did!!! What a gal!!
With greatful thanks from the citizens no doubt for letting them cop an eyeful of her ‘norks’, oh and they got their taxes reduced.
Coventry has the distinction of being heavily bombed by the German airforce when they tried to help the Wehrmacht take over the world during WW2 (that didn’t go exactly as planned either) and the remains of the cathedral are still preserved in the centre of the city, next to the new cathedral, as they were on the night it was destroyed.
I believe we’ve forgiven them for that!!
A little further south is Stratford upon Avon and the home of William Shakespeare. He didn’t do so bad for himself, turned a buck two at the writing game, had a few Christmas best sellers I believe, but they are a bit heavy going for me, full of ‘gadzooks’ and ‘alas my friend where fore art thou’s’.
Best wishes to everyone. Brian

 

[KennyJr]

If the video is good enough for the university to use, it's good enough for them to pay for.
Don't give your work away.

Maybe, maybe not. I worked for a company many years ago and one of the things I signed when hired was an intellectual rights contract. I didn't think anything of it at the time, but a few years later I wrote a payroll program to make my life easier. One of the regional managers saw it and loved it. When I tried to sale or license it to the company they brought up the contract I signed when they hired me.

 

[choo choo]

Maybe, maybe not. I worked for a company many years ago and one of the things I signed when hired was an intellectual rights contract. I didn't think anything of it at the time, but a few years later I wrote a payroll program to make my life easier. One of the regional managers saw it and loved it. When I tried to sale or license it to the company they brought up the contract I signed when they hired me.

You won’t own intellectual rights on anything you create ‘AS PART OF YOUR WORK WHILE EMPLOYED BY THAT COMPANY’.

However if it’s NOT a part of your work and done for personal/private reasons for example photographs, video, then it is not intellectual property of the company.
In the U.K. ANYONE can photograph ANYTHING or ANY PERSON (even children) from a public place and the photograph remains the property of the individual. Under ordinary circumstances a Police officer cannot ask to see or request you destroy the images without a warrant unless it’s under section 43 of the terrorist act (2000) under which he needs reasonable suspicion that you are a terrorist. If he doesn’t think you are a terrorist, then section 44 applies and once again he can’t see or ask you to destroy any photos.
They belong to you, they are your property.