Ok, so my next question is about the definition "gave" that you are referring to. If I gave them a link to a website of mine is that giving them rights to everything on it. If I gave them a link to a Dropbox folder, does that give them automatic rights to everything on that Dropbox folder?
If a USB stick was giving to them to use and their was multiple items on the USB that they were not given permission to use, would they still have rights to all of it because I "gave" it to them? i.e. there was two videos that were on the USB or in the Dropbox folder and they grabbed the wrong one. If it wasn't played up until this moment how would I know they had the wrong one. On their website for the last year, they had a link to my Vimeo page which has the other version that they were suppose to use. Not until this moment, did I know that they used the wrong one. Do they still have the rights? To the film that wasn't meant for their use? I find it hard to believe that they can disseminate how ever they please.
Company 2 seems to be cooperating and sent me a thread of all the emails. If it clearly shows that they knew about the handling of video footage well before they claimed and that the response from Company 1 on Oct 7th was:
"They hired a guy to shoot their own fluoro video but they guy had no idea what he was doing apparently and the video came out terrible. They had NOTHING to cut the show together with at the last minute, so they called asking us desperately for permission to use your video. And given that you were out of the country, I thought since that is the one video you have been letting us use, and that if they credited you properly that it would be ok."
When in actuality there is an email stating that they knew about this on Sept 7th and that everything she stated in the above was not true. I have text messages back and forth with her on the Sept 13th and nothing was said about the use of my footage at all.
What I am trying to show is that we had an "oral agreement" with a lot of it talked about or backed up through email and texts. Also, that we apparently did not have a meeting of the minds on multiple emails and they continued to disregard that by not responding. Is there any proof that their intent was malicious and that they were not straightforward? Or does "giving" them permission to use my footage at the trade show and for their website without a contract, trump anything that I can show? Is that the end all?
If I cannot proceed any further in damages and (illegal) sub licensing How can I get my rights back to my footage?
Going back to the top when you ask if I "released the rights to them." I clearly, orally or written, never released my rights to the film.
Your painting example, can the friend who was given the painting go and replicate it as many time as he sees fit and sell it to as many people as he wants? Or does he reserve some rights?