Question about copyrights for video footage?
By Yahoo User • Category: Copyrights LawsuitI have a very small business shooting weddings and martial arts events with my wife. I was called and accepted a job shooting a show and a tournament for 4 days for the martial arts channel, an online channel. No contract was drawn up, although they assured us we should not worry, they would pay us. We quoted them at $2000 plus travel and hotel for the job. about 3 months later, I invoiced them about 4 times, called them and still they have not sent payment, although everytime I have called them they assure us they will send out payment on friday. They have extensive sponsership and plan to make big bucks off the footage that me and my wife shot for them.If they use this footage without paying me, would I be able to claim that the footage belongs to me? What would be the likely outcome of such a lawsuit?I realize I screwed up by trusting them, and have learned my lesson about working without a contractual agreement. However, I am wondering if there is a way to fix it.
If nothing was collected in writing, you would have to prove that there was a verbal contract. This can be very hard to do, but under the circumstances, it would seem a little easier in this situation. Since you are the one who shot the footage and you are in business of doing so, it may be easy to prove that the footage belongs to you because you have not been compensated for it. If you file a lawsuite, you should be able to recover compensatory damages, so long as you can prove that there was a verbal contract and that the footage was shot by you. I would recommend consulting with an attorney in the intellectual property field.
Yes, the footage does belong to you - they can’t use it unless they pay you. I would let them know that, and also start a small claims court suit against the organizers.
I think that what the first guy said sounds like a good plan.