The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Dec 5th, 2019, 9:56pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
   Other
   Copyright Forum
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Work for Hire-Video???
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Work for Hire-Video???  (Read 876 times)
MVT
Newbie
*




   


Posts: 1
Work for Hire-Video???
« on: Aug 2nd, 2007, 4:38pm »
Quote Quote Modify Modify

Hi,
 
I deliver banking seminars as an independent contractor for a client.  They market and sell training to banks.  Then contract with me to facilitate in person at the bank.  I have an independant contractor agreement with this client for the scope of the work (facilitating workshops)
 
They have just asked me to appear in a video.  In this video, I would be facilitating a workshop.  They would then market and sell this video to banks for training.  This is only one program they offer.  I am currently certified in other classes that I and others train for them in person.  
 
I believe this goes beyond the scope of my contract because there is no stipulation about the creation of videos.  The scope of services covers delivering workshops.
 
 
 Would this be a work for hire?  Would I be entitled to royalties?  How does the copyright work on this since I did not create the material but I am the facilitator in the training video?
 
If this is a work for hire, does that constitute a flat fee versus royalties?
 
This is not my area of expertise Smiley.  Please help!  I want to make sure that I get a fair deal.  This is a one time shot for me, yet they will gain ongoing profit from the sale of the training video.  
IP Logged
JSonnabend
Moderator
Senior Member
*****




   
Email

Posts: 2251
Re: Work for Hire-Video???
« Reply #1 on: Aug 3rd, 2007, 8:37am »
Quote Quote Modify Modify

Work for hire is besides the point here (although I moved the thread to the copyright forum because of the title).  This is purely a contract issue, not a copyright issue (so maybe I shouldn't have moved it Wink ).  If you believe that appearing in a video is outside the scope of your original contract, you might consider approaching your client and renegotiating your agreement.
 
- Jeff
IP Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
still_studying
Newbie
*




   


Posts: 48
Re: Work for Hire-Video???
« Reply #2 on: Aug 5th, 2007, 7:07pm »
Quote Quote Modify Modify

"renegotiating your agreement" ... especially since they would be able to reduce or eliminate the use of your services thereafter by simply showing/selling the videos instead of sending you out to do the presentations.  Personally, I'd be wary as (bleep) regarding their request.
 
You might consider making your own videos and then going into business selling them to the banks yourself, directly.  Just a thought.
IP Logged
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board