27 Dec
Posted by Chad Fitzgerald as Audiovisual Derivative, Copyright, Film, Option, Work for Hire
Q: When a writer sells the rights to his script to a production company, I understand that the writer no longer has the right to option his script to other production companies, even if he receives a better offer. That being said, does the writer lose all creative control once he signs his name on [...]
30 Nov
Posted by Jonathan Steinsapir as Copyright, Copyright Infringement, Fair Use
The internet is just beginning to buzz today regarding news that Microsoft has reportedly approached Rupert Murdoch’s News Corp. to discuss a deal whereby News Corp. would “delist” its websites from Google (and, most likely, other search engines that are not using Microsoft’s Bing search engine) in exchange for cash from Microsoft.
The Financial Times describes [...]
The rock duo Heart, Ann and Nancy Wilson, were upset last fall when the GOP borrowed their ’70s hit Barracuda as the theme for VP candidate Sarah Palin, and used it without their permission. So were John Mellencamp, the band ABBA and a host of other artists, who complained about the use of their songs [...]
Q: I have a conflict with the title of my movie and the title of a famous song; let’s just say it’s “Free Fallin’.” Neither the movie’s content/storyline, nor the title of the movie itself have a reference or connection to the song lyrics at all, besides the fact that the title is the same. [...]
30 Aug
Posted by Patricia Millett as Copyright, Non-exclusive License, Work for Hire
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Q: About 20 years ago, a U.S. film production had done a location shoot in Japan, and I was one of the local hired crew. Since my position allowed me to shoot photographs on set, I also videotaped the production as well—creating sort of “behind the scenes” videos. The video was never intended for [...]
19 Aug
Posted by Randy as Copyright, Employee, Within the Scope of Employment, Work for Hire
Q: I have an issue with a large client that has never asked me to sign any agreement or contract. A little while back, they asked me for a year’s worth of B roll footage I shot for them. I eventually gave it to the client because I thought it was covered under the “work [...]
13 Aug
Posted by Jonathan Steinsapir as Attribution License, Copyright, Licensing, No Derivative Works License
A common question clients ask me is whether they are free to use images found on the internet in their own works. For example, a friend in the printing industry recently told me that he used images he found on Google Image Search as part of a template he planned to show customers as sample [...]
13 Aug
Posted by Amber as Assignment, Copyright, Fair Use, Licensing, Royalty
Q: I am producing an independent documentary and would like to include a video that was submitted on YouTube. The video is of a preacher/pastor who looks like he is sitting on the steps of his house or the church, and preaching a sermon to the camera to post on YouTube so “everyone can see [...]
30 Jul
Posted by Chad Fitzgerald as Copyright, Life Story Rights, Release to Portray, Right to Adapt an Article into a Screenplay, Right to Option a Literary or Intellectual Property, Work for Hire
Q: I recently read an article in my local paper about a man who has survived a number of natural catastrophes. I found his story fascinating and would like to make it into a film. To do this, would I have to acquire the rights to the article from the writer or acquire the individual’s [...]
28 Jul
Posted by Lawrence Iser as Copyright, Fair Use, Right of Publicity, Trademarks
On July 21, 2009, a Joint Press Release was issued announcing that a settlement had been reached in Jackson Browne v. John McCain et al. You can read the Joint Press Release here.
The settlement has three components:
1. Financial terms that are confidential;
2. A public apology from the Defendants that Running on Empty was used without [...]

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