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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 12847
Experience:  30 years as a practising solicitor.
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I paid some video students to make me a business video, they

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I paid some video students to make me a business video, they sent me loads of footage that wasnt what i asked for so i told them and they spat there dummy so to speak, anyway they eventually sent me something that was close to what i asked for but was too long, so i asked them to send me the raw footage so i could make a shorter version myself and they refused saying its there property and if i wanted to buy it off them i could, i find it hard to believe that video footage that i asked them to do of my business in my premises is there property. we had no agreements in place, where do i stand, do they own the footage of me and my business

Thanks for your question. What did you agree with them as regards ***** ***** and as regards ***** ***** the filming?

Customer: replied 1 year ago.
we agreed nothing other than a fee from them and a brief of what i wanted from them, no mention of footage ownership, i presumed if it was video footage of me and my business at my business premisies then it would be mine. they sent me a load of stupid videos that were no good to me so i complained and they kicked off saying we've had more than our fair share so i explained that they didnt deliver what i asked so they sent me what i asked for, unfortunately they sent me a video which was too long, something i ddnt state in the brief, so now i am out of pocket once i pay them, which i will have to do because they have delivered my brief, all be it too long, so i said i would pay if they sent me the raw footage so i could make a shorter version, but they are refusing to send me anything else.

The problem you have is that you haven't agreed a proper contract. The law on this is that they own the footage. You will have to negotiate a fee for the footage that you want to use. This hasn't been properly contracted. What you have to do is arrange a fee for the purchase of the RAW footage and turn it into what you want. Unfortunately you didn't deal with the contract properly in the first place and that is the issue now.

Customer: replied 1 year ago.
but ive paid a fee, and what makes it their property if its of me in my unit, they havent agreed a contract either, the had no terms and conditions. i'm the one that has paid money, this doesnt make sense, why do i need a contract where as they don't?

You paid a fee for a film but that doesn't mean you own the copyright. There should have been a proper licence agreement drawn up. However, if they didn't do what you asked, you can threaten to sue for the money you have already paid them. That may open the door to a negotiation whereby they would give you the footage.

Customer: replied 1 year ago.
ive not paid them yet, trouble is, the brief i gave them was sketchy, they have delivered what i asked, eventually after sending me a load of rubbish, which they think is amazing, they eventually sent me what i asked, unfortunately the stuff they sent was too long for most advertsing platforms, they say they have done what i asked because i never actually said how long i wanted the footage, hence why i wouldnt mind the raw footage so i could edit a smaller version, as it stands i am telling them they can wait 30 days for payment or send me the raw footage and i will pay them asap, but that doesnt seem to be working, i'm not paying them anymore money, so i guess i'll just have to take this on the chin and move on, is that the case? or do i have anything to play with here?

The one argument you may have is that they if they knew or ought to have known that the film was for advertising purposes, they should have made the film of a length which was within the industry standard for advertising. As they haven't they didn't follow the brief whether express or implied and the film is no use to you on that basis. Tell them to do an edit to the length you want before you are prepared to pay them. Tell them you have taken legal advice on this and that is what you have been advised.

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