L&L DRONE VIEWS

PILOT/PHOTOGRAPHER'S WORK PRODUCT

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I am very interested in any responses to the following....

PREMISE/FACTS:Your client Service Agreement states that your client is entitled to X amount of "edited" video and X amount of still aerial photos pertaining to the mission. After completing the mission and fulfilling your contractual obligation for both "edited video and stills, the client contacts you and requests that the Ad/PR/Media Agency they have hired would like access to your original work product for possible publication and/or marketing purposes.

The Service Agreement grants license to the client to utilize only the contracted materials ("edited" video and stills) for legitimate business purposes and etc., however, said Agreement does not grant license or ownership to the client re the original "raw" video work product that was utilized to produce the "edited" video and stills that the client contracted for. There is no vagueness or ambiguity here. The "raw" video captured to fulfill the mission is clearly (in this sample instance) the copyrighted work product of the pilot/photographer....That being said, the question is this.....Does one/would one/should one, charge the Ad agency for the use/publication of your "raw" "unedited" video work product?

Speaking for only for myself, I shoot double of everything when in the air to ensure I captured all I need to complete a successful editing mission, even if I have to chop & drop 20 min of "raw" video to get from a 15 second TV spot  to a 1-2 minute "edited" Real Estate Tour. As a result and in my humble opinion, that "raw" video has value beyond  whatever you produced for the client. There was time, effort & equipment that contributed to the capturing of all the excess video that the client was perhaps never going to use or even see. Most excess footage ends up on the cutting room floor anyway but it doesn't or shouldn't lessen the value of that footage....does it?..... 

....Appreciation and Thanks in advance for any contributions....   

 

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Yes absolutely charge extra if another entity wants to use your footage. If it wasn’t part of the origional contract, I don’t feel that the client would take issue with that.

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Depends if you want to keep that client as a customer. 

Yes the photographer owns the copyright, however, if a realtor hires you to shoot more footage of a property than you need, that doesn’t give you the right to use the additional footage in any other production or purpose. 

Realtors are the worst about this.  Most never read or understand the service agreement, but the agency they hired certianly understands the agreement.  The first suggestion I have is to never show the “Raw” unedited footage to anyone, if they don’t know that you have it in the first place they don’t know to ask for it.  

 

 

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Show them the RAW and either give it to them or edit it for a small fee. Gives them what they need and want and you show your flexible.

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I never give anyone the RAW file unless they pay for it/asked for it up front.  Either way, if they want more than what you provided, they can pay for it.  If someone pays me for 10 images, or 1 minute of video. That is what I give them.  If they want to see what else I have, then I show them (with watermark), and they can decide if they want to buy more.  Your time, work, intellectual property, etc are all worth something.

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On 5/9/2018 at 12:59 PM, L&L DRONE VIEWS said:

That being said, the question is this.....Does one/would one/should one, charge the Ad agency for the use/publication of your "raw" "unedited" video work product?

Agreements exist for a reason.  If you sold them a specific product and delivered it to their satisfaction, you are done. If you were hired to record imagery that they would own all rights to, then hand it over. 

If your contract was for the former and not the latter, then happily negotiate a fee for the additional work.  Everyone wins.

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Having been in the videography and broadcast business for a very, very long time, I've seen this debate over and over and over.  In all my many years of experience, I always price to sell the client the raw footage first and foremost.  They pay for me to fly, boat, ride, whatever it take to get the photos and/or video they want.  I charge another fee to edit video or enhance photos.  That's  value-added service.  I also state in my contracts that I am able to retain rights to keep and use the RAW material as I want for promotional or educational purposes.  I'm also a post-production instructor, and I like to use real-world samples of work with my students.

 

I find that I can get a tad more money by charging 1- for the media, 2- to make the media useable.  And I avoid all of this bickering with clients over who can do what with it once the client has it.  Because as previously stated, and in the real-world experiences of myself and my peers here locally, this issue can cause you to lose clients and gain a bad reputation as being sneaky, even if it is perfectly legal according to the contract that clients never read.

 

So my personal advice is, configure contracts so that you avoid sticky situations with clients.  It is simply good business to make people like you and not have to argue over who owns or has rights to what.

 

But that's just me....

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On 5/11/2018 at 8:08 AM, Av8Chuck said:

Depends if you want to keep that client as a customer. 

Yes the photographer owns the copyright, however, if a realtor hires you to shoot more footage of a property than you need, that doesn’t give you the right to use the additional footage in any other production or purpose. 

Realtors are the worst about this.  Most never read or understand the service agreement, but the agency they hired certianly understands the agreement.  The first suggestion I have is to never show the “Raw” unedited footage to anyone, if they don’t know that you have it in the first place they don’t know to ask for it.  

 

 

I don't think AV8Chuck is correct in saying you don't have the right to use this footage elsewhere. Unless your agreement specifically states that the footage will be owned by the client, then it is yours and can be used as you want. You may run into release issues if people or certain recognizable buildings are in the video. Other than that, I believe you own it and can do whatever you want with it. 

I would charge the agency for use of this footage. And I would show the raw to anybody as long as its watermarked. If you don't, your just turning off any possibility that others may pay to use it.

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