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Hello. I need help with a video copyright matter.
Here's the scenario, involving persons "K" (the video
producer/publisher) and "F" (the writer/performer):
- K creates a videotape of F presenting an original
lecture/demonstration on a topic in which F is an expert. F gives
permission for the videotape, but no contracts are signed and no
payment is made. F's lecture is delivered extemporaneously (it is not
written down and did not exist in any form prior to the video).
- K originally intended to incorporate the video into a larger work,
but fails to complete the larger work.
- Many years pass and K offers to publish/distribute F's videotaped
lecture as a standalone video/DVD, with a 50/50 sharing of net sales. F
agrees to the idea.
- K and F now need a contract/agreement that documents/protects the
rights of both parties, including the rights necessary for K to
distribute the DVD.
Questions:
1. In the absence of any previous contract, who owns what? Are there
two separate copyrightable works involved here (an underlying literary
work and the video itself)? Or is this a joint work? Or a commissioned
work?
2. What type of contract/agreement is appropriate? Is a licensing
agreement required for K to distribute the DVD? (i.e., Must F
assign/license any rights to K? Or does K already have all the
necessary rights by virtue of being the creator of the video recording,
and must merely define his obligations for distribution and royalty
payments to F?)
Thanks.
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