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Thomas Swartz
Thomas Swartz, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 2998
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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If two friends make an adult video, using her computer, and

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If two friends make an adult video, using her computer, and she sends him and one other person a copy of the video,with no written insructions that the video can't be posted on an adult site, does she hold the copyright to the video?

Well, actually the two friends who "made" the video would jointly own the copyright to the video. The copyright law defines a "joint work" in 17 U.S. Code § 101 as follows:

A “joint work” is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.

It does not matter on whose equipment the work was made on. Rather, what matters is that both people worked on the video with the intention that it be considered a single work.

And when it comes to the rights of the joint owners of a copyright, each of the joint owner has an equal right to exploit the work (so long as the other copyright owner shares in the proceeds), unless there is some written agreement to the contrary.

Thomas Swartz and other Intellectual Property Law Specialists are ready to help you
Customer: replied 3 years ago.

About the Video, since it was made by two friends, both agreeing to make the video, would I need a model release form from her. I may as well tell you, we video her being spanked.

In your original question I did not understand that the friends who "made" the video were the actual participants in the video. This being the case, you absolutely get a model release from her. Using the video without her consent raises the possibility of an invasion of privacy claim made by her, which is an entirely separate issue from copyright issues.

Customer: replied 3 years ago.

She has since moved and married. When we made the video, She gave her consent, and was a willing partisapent in the video. I admit I did not get a model release form, and now, can no longer do so.

To protect yourself from any claims, I would recommend not posting it on any sites and taking it down if already posted.


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