QUESTION

Can one corporation limit the commercial filming of another corporation's event

Asked on Sep 07th, 2013 on Intellectual Property - New York
More details to this question:
I represent a not for profit corporation that is a member of a organization that sets rules and regulations for events held by members of the organization. The Membership organization has instituted a Board policy that requires that if any commercial filming is going to be done at an event that they must be a third party on any contracts and that they must receive monetary compensation. However in the Constitution and By Laws of the organization that we are a member of, it clearly states that all rights to intellectual property are retained by my organization.
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2 ANSWERS

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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Aaron, As I understand it, you work for Local Organization that is a member of National Organization. National Organization requires that it be a third party for any contracts that involve commercial filming of Local Organization events. Further, National Organization must be compensated as part of the filiming contract. I have been a director of a local Boys & Girls Club chapter for 8 years. We also have guidelines to follow for Boys & Girls Clubs of America. I would imagine that if we were to have commercial filming of our Club, our national would want to have representation there to make sure we did not harm the national brand in any way. They would also, likely, want to be compensated for the expense of monitoring and the value of the contract that might be tied to the fame/goodwill of the national brand as oppose to the fame of the local chapter. There is a general question reading between the lines about why your national organization should be allowed to siphon off revenue from your local organization's commercial filming contract. That is a healthy question to raise within management of your local chapter. If you are giving more value to your national organization than you are receiving, maybe you need to question whether there is more value for your local organization in being unaffiliated. When I think of 'owning the IP' for the commerical filming, I think of owning the copyrights in the work and nothing you've identified suggests you would not own the copyrights. Based on the subject line, you seem more concerned with the artistic integrity of the filming and whether the national organization has a right to influence authorship of the work. I would need to see the language to offer an informed opinion, but it is distinctly possible that a board policy requiring this authorship influence is not in conflict with the constitution/by-laws of the organization giving the local organization ownership of the filmed product.
Answered on Sep 10th, 2013 at 10:27 AM

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Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
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The pronouns here make it very hard to follow the scenario and identify the parties to the dispute.
Answered on Sep 07th, 2013 at 3:41 PM

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