Video copyright and Request to remove the video

'Is it legal', 'can I do this' type questions and discussions.
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lele59
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Video copyright and Request to remove the video

Post by lele59 » Fri Apr 29, 2011 5:01 pm

Hello,

I'm a video maker and my works are displayed in my company site.
3 years ago I have done a video, the shooting has been made inside a store - where a journalist of my company make an interview to the marketing manager of the company. The video is about 9 minutes and, as agreement, has been made for free. It has been for me a marketing operation.

These are the features I have studied for these kind of works:

- people talk directly to viewers, so they look inside the camera
- we do not use microphone
- background music

Because the friendship between us and the fact that at that time I did not know the appearance realeases matter, any piece of paper has been signed.

In the video, appears for, few seconds, the store manager too.

Everybody has been happy and for 3 years the video has been displayed on our site.

After this period the company fired the store manager. Because his appearance into the video they are requesting to remove the video; they also refuse any damage refound...

I always thought that, since I am the author of the video and because the particular format I have adopted, to be the owner of the copyrights.

Am I wrong? In any case I have to remove the video? Do I have any right?
I look forward for any help and suggestion.
Kind regards
lele59

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AndyJ
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Post by AndyJ » Sat Apr 30, 2011 7:31 am

Hi Lele59,
Yes I think that in the circumstances you have described, you own the copyright to the video. The issue here seems to be about whether the store has any say over you using the video on your site for promotional reasons. This is not the same as copyright. I can understand why they would not wish the video to be identified with them if the manager shown in the video no longer works for them. Is there any way in which you can re-edit the video to either remove the manager or remove any references to the store's name, or would this obviously ruin the point of the video?
I think in strict legal terms you do not need to remove the video from your site because after 3 years that it has been there, the store now objects. But since this was a marketing venture, you may need to consider the store's point of view. If you would like to get further work from the company, clearly it would be better to agree to their request - that's just good business sense, not wishing to upset your clients. But if you do not expect them to use your services in the future, there is less risk in upsetting them. However, don't forget that they may be able to influence other potential clients - either positively or negatively - if someone sees the video on your site and then asks the store about your work.
AndyJ
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

lele59
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VIDEO - YOUR OPINION

Post by lele59 » Tue May 03, 2011 3:26 pm

Hello Andy,

thanks a lot for your point of you...I'll let you know "the end"..
Kind regards
Lele59

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