Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hello. While they have pad to use the work, they do not own the copyrights unless that was agreed upon. You should have an agreement in place, the fact that it is on a per-job basis does not affect that, there should still be at least an umbrella contract that covers all the jobs unless stated otherwise for a particular job. Not giving attribution is not a copyright violation, its more of a ethical/artist rights issue, and it may have been implied or expected that they would want to submit something in their own name rather than yours....if there was no oral or written agreement about attribution then it would come down to what is customary/expected in that industry, but there are not hard contractual or intellectual property laws for you to rely on here...i.e. its a toss up and you may lose on the issue, but the bot***** *****ne is that unless this issue is valuable you have to let it go because you would have to file a lawsuit and litigate to get the issue resolved by a Court (i.e. probably not worth the fight). You could have an attorney write a letter for you as a bluff to threaten legal action if they do not comply, but that's probably all you can do without a contract that you can point to that was breached.
as for the request for raw footage, its just a matter of what was agreed upon...if you did not promise to provide it then there is no obligation to provide it
No, they will argue they paid for it and could use it in that manner (had a license)....it's a gray area and does not violate any clear rules...its the type of thing that would be agreed upon between the parties
Well the right to use the material in various ways must be determined ahead of time, and since there is no agreement and this is only an issue of attribution (not copyright), it falls in a gray area with no clear outcome. They paid for the material and are arguably allowed to use it in a reasonable manner for expected/customary uses etc. Again, you would have to look to industry standards or past dealings to argue one way or the other, but there is no clear legal grounds here. For the footage, nothing is forcing you to hand it over, you didn't say it was part of the agreement, so don't give it to them.