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Ely, Counselor at Law
Category: Intellectual Property Law
Satisfied Customers: 102584
Experience:  Licensed attorney in private practice.
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Who owns a Videographers footage if no contracts of any kind

Customer Question

Who owns a Videographers footage if no contracts of any kind were signed or spelled out. The videographer or the client?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

A copy of the final product must go to the client per the verbal agreement. However, the videographer can own a copy of the final product as well as the raw footage.

Whether or not the videographer can use what he owes for other projects or on their website - this becomes a very nuanced matter, depending on the following:

1) what was agreed upon? But most importantly, since this is verbal, can it be proven?

2) was the shot indoors or in public?

3) is the shot being used to make money, for advertising, or simply as examples of work? Is it being sold to a third party?

4) can showing the footage be considered false light or invasion of privacy?

5) what state is this in?

Etc. If you give me more information (including all the 5 factors above) I can provide a more thorough answer.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.