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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34559
Experience:  16 yrs. of trial experience
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i have a home video i made of a famous singer, what if i ...

Resolved Question:

i have a home video i made of a famous singer, what if i have the opportunity to sell it? what are my rights
Submitted: 9 years ago.
Category: Legal
Expert:  P. Simmons replied 9 years ago.
Can you tell me, did you film this at a concert of some sort?
Customer: replied 9 years ago.
Reply to Philip Simmons's Post: no i did not film it at a concert. the entertainer was at my home.
Expert:  P. Simmons replied 9 years ago.
Copyright law will apply in this case.

The recording artist has a pecuniary (money) interest in any videos that are made of him/her. That is how the artist makes a living.

If they are under contract, the label or organization that holds the contract will also have an interest (and more important, many lawyers to enforce their rights under the copyright laws).

There are exceptions to the copyright laws, generally known as "fair use" but these exceptions to not allow a profit from the material.

If you sell the video for a profit and the artist or the recording label finds out, I suspect they will sue for damages that could be more then the money you have made selling the recording...this is particurlarly true if the person you sell it to in turn sells many copies.

NOW, if you approach the artist and gain a release, then you can sell the film for a profit

Please let me know if you have more questions and if not please hit the green button
Customer: replied 9 years ago.
suggestions on how to contact artist for release purposes
Expert:  P. Simmons replied 9 years ago.
Sure

Can you give a bit more detail how they got to your home

As well some detail on potential value of the film?
Customer: replied 9 years ago.
they came with a friend and began performing at a birthday party. they allowed me to video them singing all their greatest hits on my cam recorder. there was no prior agreements.
Expert:  P. Simmons replied 9 years ago.
I see

Thanks

I would work with the friend who knows them and see if you can get permission. Perhaps you can even offer to give up some of the proceeds.

The key is to have permission prior to selling, or it may quickly come back on you, again particularly if the artist is under contract with a recording label


Please let me know if you have more questions and if not please hit the green button
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