Making a Music Video - legal standing?

I

Iopsis

Hey guys,

I made a Music Video for a local band that were not signed to a record label at the time, and no contracts were signed for the production. It was unpaid work by myself and a few University students, at our own expense for equipment and props.

That very band have now been signed by a local record label. However the band are now asking that I remove my video because it breaches their rights.

So my question is where do I stand in legality?

As the film was mutualistic, does that suggest that I own copyright for my film, and they only own the copyright for the soundtrack attached to it? Therefore if they start getting aggressive, I can announce my ownership and remove the video altogether from the public view.
 
Last edited:
Sort by date Sort by votes
Considering no contracts were signed this is a tricky situation. You should definitely get together with the band now and draw up a contract regarding the video made. Did the record label request that it be taken down? What exactly is their reason apart from 'breaches their rights'?

I've only done this with friends and unofficially I pretty much gave them the rights to the video. They put it on their YouTube channel etc: So they were in control.
 
Upvote 0 Downvote
Did you get them to sign a release form?

If not, remove it and chalk it up to a learning experience. You don't own all the rights, so you don't really have the right to control the entire piece.
 
Upvote 0 Downvote
Iopsis said:
my question is where do I stand in legality?
Click to expand...

Legal standing? No idea. Ask an attorney who works in entertainment. It's likely the label has one, and a lawyer with the band's signature on paper is worth a lot more than your recollection of some casual verbal arrangement in the past.

In my opinion, it's your movie/music video. You just can't use the music without their permission. Sucks. Sorry.

Of course, I could be wrong too. :)
 
Upvote 0 Downvote
MileCreations said:
Considering no contracts were signed this is a tricky situation. You should definitely get together with the band now and draw up a contract regarding the video made. Did the record label request that it be taken down? What exactly is their reason apart from 'breaches their rights'?

I've only done this with friends and unofficially I pretty much gave them the rights to the video. They put it on their YouTube channel etc: So they were in control.
Click to expand...

The band member told us that the record label has requested us to remove the video from the internet. Currently that is their only reason. I can't imagine they have many rights apart from the soundtrack.

As I said, because there was no contract, I'd have thought that means whats mine is mine, and whats their's is their's.
 
Upvote 0 Downvote
It depends on a number of things - including what was written in the contract that was signed between band and record label.

Even if they have no claim to the vision itself, they likely have claim over the audio.

Consult an entertainment lawyer if you really think it's worth checking out your options. You might also try and negotiate keeping it online, perhaps hosted elsewhere, as a 'portfolio piece' (perhaps hosted on your website rather than on YouTube)

It's quite possible they plan to re-make the video.
 
Upvote 0 Downvote
Very much depends on what the band has given away when they signed the deal.

Typical for a label to want to co-ordinate press/videos release as a strategic thing, which is undermined if there is previous "rogue" content flying around. So it's quite possible they aren't being dicks by asking you it's just unfortunate for you.

Try finding a solution that isn't confrontational with the band and label after all there's plenty more videos out there to make...Like has been said chalk it up to experience.
 
Upvote 0 Downvote
ask the label for a few bucks to process the request. I mean your time is valuable, so expect to get paid for it. Much cheaper for them to pay you a small amount then file a claim. Be reasonable, say 100 Eu or whatever is fair.
 
Upvote 0 Downvote
Do not shoot anything without a contract or release. If you do not have either; you have nothing. Chalk it up to a learning project.

I do not shoot anything (other than personal home movies) without a release from whom ever, (or whatever -- as in location, artwork or object-of-identification-within-reason) is in front of the camera, creator of music or audio additions and etc.

Yes, I have thousands of release contracts on file. But my butt is fully covered (in or out of a court of law). If you have NO release or contract, your butts not covered. Don't fight it, learn from it -- for you will loose. Sounds like the record company has a contract, (reminder -- you do not).

My two cents, (I am NOT an attorney, my wife IS an attorney -- she is NOT giving this advice to you -- she can't, but I am -- cause I know of what I write -- been there). Get a contract written, make a bunch of copies. Have them with you 24/7. If you shoot something -- have it signed by those involved. Make it a constant habit. You will not be sorry.

Good luck.
 
Upvote 0 Downvote
Yeah, I'm gonna say that these musicians are being dicks, but unfortunately, I don't believe you have any legal ground to stand on.

What you DO have is a relationship. So, how about you talk to the band as nicely as you can, explain to them how happy you are for their success, how much fun you had making their video, and that you think it'd be only fair for them to allow you to shoot their first fully-funded video, seeing as how you're kinda taking it up the ass. Play your cards right, and this could turn into a real positive for you.
 
Upvote 0 Downvote
You must log in or register to reply here.
Back
Top