QUESTION

Can I use footage (film) my husband shot?

Asked on Oct 12th, 2014 on Intellectual Property - California
More details to this question:
Hi, I was making a documentary with my husband, but once we finished we got divorced. He took everything and I was supposed to keep the footage. He then changed his mind and threaten he's gonna sue me if I use the footage for anything. Is it fair to assume that being in front of the camera he already agreed to be part of the documentary? Can I use the footage 1) he's in 2) he's not in, only I'm in, but he shot 3) I shot myself during the trip What's the worst that can happen if I move on with release the movie? Thanks,
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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There are two issues at play. One issue is copyrights. In making any copyrightable work, the owner is the author unless/until the author assigns ownership to another entity with a signed writing unless the work qualifies as a work-for-hire (see Wikipedia). In most instances, the author of a video is the person manipulating the camera (e.g., the cameraman recording a wedding). In more organized productions, the author could be the director if the director is instructing the person manipulating the camera where and when and how to record. Being in the shot does not impact authorship or ownership. If you release footage you do not own, you could be in violation of copyrights. When the footage was being shot, each of you knew you were in the shot for the purpose of releasing a documentary. Even if releases were not executed, I don't think anyone can argue that they did not know they were being filmed or for what purpose. The second issue is contractual. Without looking at any divorce agreements or any business agreements related to filming the documentary, it is hard to identify what contractual issues might be at play. Again, though, if he has an ownership stake in the release, you could have an issue by releasing the movie despite the restriction he communicated. Good luck, Todd
Answered on Oct 16th, 2014 at 5:58 AM

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