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DVD for education purposes

Posted: Wed Sep 23, 2009 8:07 pm
by Ladymanx
I made a DVD for a government dept for use in educating teens based on former experiences. The government department paid for its production, and hold the master DVD.

The DVD was never used, and for my own reasons I have requested it to be returned to me. This has raised a question over copywright. For various reasons, the DVD was never used.

I alone spoke in the DVD, the topic was solely my experiences and I had complete control over its content. Can someone help with who has the copywright over this, and whether i have the right to control and own it?

Thanks.

Posted: Thu Sep 24, 2009 6:41 am
by CopyrightAid
Hi... Welcome to the forum.

On the matter of ownership Section 11 of the 1988 Copyright Designs and Patents Act (updated) states:
Section 11: First ownership of copyright.

11.-(1) The author of a work is the first owner of any copyright in it, subject to the following provisions.

(2) Where a literary, dramatic, musical or artistic work, or a film, is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.
And the act states that in the case of a film the author is defined as 'the producer and the principal director' - i.e. you.

I am not clear from your post if you were acting within your role as an employee (in which case the employer would be the owner) or if you created this independently (or on a freelance basis) (in which case you would be the owner).

Assuming that you never agreed to give/transfer the copyright, and that there was no agreement/cantract/terms of employment covering the creation of this work that stipulated who the copyright owner would be the 'first ownsership' rule would (above) apply.

Hope that helps..