I agree with your ideas of not fighting copyright, but for me only under certain circumstances. For instance. A football team hired me to cover their whole season, and they wanted to upload it to hudl.
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So I made a counter offer agreeing to waive my copyright, but in exchange I would get a larger fee to cover my loss of revenue. They were happy, and I was happy. I make very little money on sports related work that comes through my office, so at times it feels silly to get upset over something I make so little money on. I wouldn't really care if a bride uploaded one of my videos, as they have paid a fair market price for my services and nobody feels cheated.
But when an athletes parent simply steals a video, that means they got something, and I receive nothing. I am ok with existing customers sharing my videos online. In fact I would like to see more of it, especially when my watermark is on it. Your story about PSY makes good sense and is a good alternative to the way I see things. Going back to the work for hire issue here is the info I was going on and what constitutes work for hire. I am no expert by any means on this particular subject. I have copy and pasted that info below. Where, geographically speaking, do you work?
And where are you cutting and pasting this quotation from? My experience and that of others I know is, any video job done for a client where you are not on salary , is a work for hire, unless otherwise specified in writing in some kind of memo or contract. And as a work for hire, the judge generally awards all ownership of the final product to the guy that paid you.
You may hold on to materials you created and used in making that master, but he owns the master. Same as if you were a hot dog cart vendor and you hand me a hot dog when I hand you five bucks, unless we signed a a memo saying different, what happens to my dog after that is not within your control and you have nothing to say about it. You can keep the hot dog water and the five bucks.: I work in the midwest. It seems we have a different understand of when your work is automatically considered work for hire. You wrote that if you are not salaried you are considered work for hire, when it seems in fact the salaried employee is the one who's work is automatically considered work for hire, not the independent contractor.
If you are an employee your employer automatically owns the copyright, but that relationship does not exist when you are a freelancer being commissioned to do work. If you are an independent contractor then the rules and requirements the ones I posted earlier for your work to be considered work for hire need to be applied. Including a mutual agreeable contract. Also your work would have to be meet ALL three of the following criteria to be considered a work for hire.
The work must come within one of the nine limited categories of works listed in the definition above, namely 1 a contribution to a collective work, 2 a part of a motion picture or other audiovisual work, 3 a translation, 4 a supplementary work, 5 a compilation, 6 an instructional text, 7 a test, 8 answer material for a test, 9 an atlas; The work must be specially ordered or commissioned; There must be a written agreement between the parties specifying that the work is a work made for hire.
To clarify. I am not employed by a company and I am not being hired by a company as an independent contractor to do work. I am a sole proprietor doing work directly for a customer. From the first paragraph of your Wiki reference: A work made for hire sometimes abbreviated as work for hire or WFH is a work created by an employee as part of his or her job, or a work created on behalf of a client where all parties agree in writing to the WFH designation. It is an exception to the general rule that the person who actually creates a work is the legally recognized author of that work.
According to copyright law in the United States and certain other copyright jurisdictions, if a work is "made for hire", the employer—not the employee—is considered the legal author. In some countries, this is known as corporate authorship. The incorporated entity serving as an employer may be a corporation or other legal entity, an organization, or an individual. The first situation applies only when the work's creator is an employee , not an independent contractor. This is in line with all I have been told on the subject. IF you are doing business as a video production company, it is more likely that you are an independent contractor and thus your project would fall under the heading of WFH, Again from your wikipedia reference: Now I will stipulate that, to my mom's eternal regret, I am in fact not a lawyer.
But this is how I've always read the language on this topic, and it is how everybody I've ever spoken to on the topic sees it.
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However, I'm willing to be proven wrong, because that's how we learn. No hard feelings meant or taken. But if I'm right It seems as if were having a failure to have a meeting of the minds here. There obviously is no employer employee relationship as none of the criteria you listed were met.
In order for an independent contractor to be considered work for here there has to be a contract and in this case there was no contract. I appreciate your input, but it seems we are both at an impasse, and that is ok. I appreciate your input anyway. It is rare that I get to exchange thoughts with other professions and I am very grateful for that opportunity. Some battles really aren't worth fighting. Even if you win them, they can damage your reputation and make you seem like someone that's hard to work with.
In business, you want to avoid acquiring a bad reputation, especially when you really are a good guy. I don't make much money shooting sports either. Long ago when I worked in retail, work like my shooting sports is called a "loss leader. Low paying sports gigs are really just part of marketing my business. I get noticed by business owners that are members of the school booster clubs etc. It's a lot like doing pro-bono work for local charities. People see you around, form a good impression, and a small percentage either book you or give your a positive referral.
This is the way that sports especially Football is headed -well, actually, it's there already. The best bet is to set your price where you are comfortable with surrendering the footage; get friendly and professional with the coaching staff even if a parent is paying ; assure them of your integrity and the benefit of uploading original HD footage p in the end to Hudl; have them set you up as an admin coach so you can upload the footage couldn't be easier using Hudl Mercury -The difference of SD to HD will not be lost on them -Additional option - create a second Ad still or video in same format as the video from cam and add that to your card before uploading; move it to the top of the playlist after it's uploaded - this way it's the first play they see when viewing your footage and you can plug editing and other coverage.
The highlighting tools on Hudl are okay but not what we can do. Make an icon for your ID on Hudl so the players get familiar with your logo when you share footage of an event.
Ya gotta roll with it. DVDs suck anyway and there are few BluRay takers in my experience. Watermarking makes it a pain. Mark I agree with everything you said. You had a lot of great ideas. I do have an update to offer. For better or worse this is how the situation panned out. A customer tried to coerce me into giving him a good price on all the game tapes and if I didn't give him the price he demanded he threatened to download them off HUDL for free.
Long story short I emailed and phoned HUDL's legal department and a phone call to the school's athletic dept and after a long back and forth they HUDL and the coach agreed to take the videos down. I really wouldn't of said anything about it but when a potential customer threatens to steal something I had to act. Thanks again for your input Mark, I like it. This is an older thread but the topic is still relevant to which I would like to add a few points. I've been recording football games for almost 10 years, independently.
That is, the League allows me to film the games. But, they're not paying me. Selling game DVDs and making highlight videos. Business was good in the earlier years. It's all about offering a good product and building relationships. But then, a competitor has stepped in recently and starting filming the games, too. He got his foot in the door by one or two coaches who were able to secure him at a lower rate than my own. I didn't mind at first because my clients were secure and also the quality of my video is much better.
But then, the competitor, with only a small handheld camera on a mini tripod , starting and still is uploading the full games whistle to whistle edits of the play to YouTube and for FREE. This killed my business at every level. I sent the Competitor a message asking him to deliver his product via DVD or a closed system, but he continues to upload to YouTube.
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He, in fact, has killed the market. Bad for me, and him too I wanted the League to step-in but it has its reasons for not picking winners and losers. For example, they won't allow you to enter the stadium which is another very good conversation: Is the game we film a "public" or "private" event.
In my case, the League is put on by Kiwanis, probably more public. The other AYF League, is probably more private. You may not access this content. People also like. GoArmy Edge Football Rated 5 out of 5 stars. Hulu Rated 3 out of 5 stars. GoPro Channel Rated 4 out of 5 stars. Sport Board Rated 3. MSN Sports Rated 4. TacticTab Rated 4 out of 5 stars. FOX Sports Rated 4. Univision Deportes Rated 4 out of 5 stars. Draft Kings Rated 2. What's new in this version Version 2. Features NEW: Play your video to any supported PlayTo device, like an Xbox Browse video by team, season, and opponent Fullscreen viewing Filter and sort clips Download playlists to view them offline.
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