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SS Legal Advisor
SS Legal Advisor, Advocate
Category: Law
Satisfied Customers: 1047
Experience:  Senior Caseworker at DL Solicitors
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I have a copyright dispute issue, so i wonder if you can

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Hi
JA: Hi. How can I help?
Customer: I have a copyright dispute issue, so i wonder if you can assist me with this please?
JA: Do you have a registration record?
Customer: No I don't know what it is
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: No this is the first time I discuss with a professional people
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I was wondering if I could make a free consultation if it is possible
Hello,
I am an experienced legal advisor and I am happy to answer your question.Please tell me more about the trademark dispute and what you would like to know.Kind regards
S
Customer: replied 12 days ago.
Hello
Customer: replied 12 days ago.
Give me few second please
Of course, please advise and I shall read it shortly.
Customer: replied 12 days ago.
I am a freelance journalist and a documentary filmmaker as well as a member of the NUJ.I am currently having a problem with a copyright issue with my assistant camera person.The copyright dispute started as the following:Recently I got an idea to make a film documentary in Denmark. Where I planned my journey, set interview dates with some of the people who I am going to interview them.I arranged for everything for this film which is still taking too much times and efforts mentally, financially and physically until I am writing this email to you.While I was planning this project, I found a videographer in Denmark who I was going to work with. But I thought I’d get some advice from my ex university tutor who advised me to not go ahead with these cameramen as his equipment isn’t great, because his camera A6300 is a little compact camera, and its resolution won't be good due to the overheats for documentary that takes long time. However, she introduced me to one of her students ( Jessica ) who has some experience acording to her and that she’s willing to travel to Denmark and can borrow kit from the university to assist me with shooting the film voluntarily under one condition that is paying for her fare.Jessica (agreed to volunteer to come and shoot my project under the condition I mentioned above and that she will be shooting with me from the next day of our arrival which was the14th of May 2021 till 21st of May 2021, the day I booked for her to return to the UK.Therefore, we flew out to Denmark on the 14th of May where, I paid for all her expenses (returned flight ticket, back and forth PCR tests, coach from Cardiff to Heathrow airport and SD cards). We also stayed together in the accommodation I provided for both of us as well as she travelled with me everywhere with the travelling plans I organised.We managed to film few days together from the 15th to the 18th and it was all going smoothly. But on the 19th, we had a little dispute about some shots where I didn’t approve her to do so as it is my project and this stuff, she was focusing on was irrelevant to the case as well as some people who I were interviewing them asked me to stop her from filming something they are not happy about it. I advised her twice to listen to me as I have the knowledge about the cultural and political division of these people. But she was not listening, and I didn't want to cause any inconvenience to anyone there. That night she decided to get herself a hotel room as she needed some space and she left me but assured me that she will come to film in the next day.On 20th of May I received a message from her in the morning saying she cannot film anything for me anymore as she had a family emergency. I then had to find myself other cameramen on the same day, which cost me even more money and I was charged a lot of money as it was last minute job. I then found out that she went behind my back and filmed some of the other protests that were being held after she told me she couldn’t film for me due to her family emergency and was posting stuff from different protest on her social media pages. Later on, she texted me requesting me to give her a credit for her work and sending a copy of the finished documentary.On the same day (20/05), I sent her a text as a contract between us that I am going to give her a credit for her work which we never mentioned something like this before we travelled to Denmark whereas in writing or verbally, but am doing it as a decent magnanimity.On the 21st of May, I just received an email and a text from her where she threatened me to revoke my rights to use the footages and legally be able to sue me within 48 hours unless I give her a full credit and a copy of the film.Also, I have an exclusive consent of my interviewees to use their interviews in my film documentary and no one else.I really feel like I’ve been betrayed and that all my hard work, money and time have gone to waste. I trusted her and thought we could work on this project.I am really lost, if I agree to credit her for her footage, why she doesn't sign the first contract that I sent first and why she's asking for a copy of finished documentary?I have full confidence in your fair opinion and judgment to resolve this problem.Many thanks,
Well that is quite complex.A retrospective note, always have a contract with anyone you employ or have volunteer which confirms that the copyright for the works is yours.As it stands, she owns the copyright for the film. You are best placed to resolve this amicably.You will likely have to give her credit but I recommend not doing so until a contract is signed.It might be that she would want to make changes to the documentary so it would be best to give this after the contract.You have a right to use the footage and if she revoked it you could bring a loss of earnings claim.Start by making contact and try settle the matter.I am happy to answer any follow ups.Kind regards
S
Customer: replied 12 days ago.
I really need a legal format for this letter as I might cause a miscommunication in case I write it wrong. Would you be able please to send me a small paragraph as a contract to protect my right and i would give her a credit and some other footage that she asks me to send them to her. But I don't know how to stop her from using my footage for any other project and i want to send her a copy as she seems that she wants to change the documentary that I still looking for someone to help me with editing
Customer: replied 12 days ago.
I do not want to send her a copy
Drafting a contract is a little beyond the remit if JA but I will provide the main points.1. The Client will own the copyright for all material created under this agreement, and
contractor can sample and reuse only with consent from client.2. The Client to acknowledge the contractor work and ensure full credit is given.3. The Client to have unrestricted use of all footage taken by the Contractor for this project.4. The Client to provide the Contractor the final cut at the Clients own discretion upon its completion.Kind regards
S
Customer: replied 12 days ago.
Shall I just clarified by putting my name instead of (Client) or just give it like this. Also what if she refused to accept this contract, what advice can you give me please?
please amend accordingly.If she refuses then you may face a legal battle. I would imagine you would be granted the right to use the footage as it was implied when you volunteered but she would also be able to use the footage as you wouldn't own the copyright.If she refuses you should negotiate more not jump straight into a legal battle.Kind regards
S
Customer: replied 12 days ago.
Thank you so much for your assistance with this matter.
Happy to help, best of luck.Kind regards
S
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