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I need advice on making a video

R

rmlred

macrumors regular
Original poster
Jan 27, 2010
166
0
Rockwell, NC
So I have tons of video from the guy I used to help out. Some of it I shot on my personal camera and some of it his guys shot on his cameras. Its probably possible to sort which I shot and which they shot, but they have a lot of great video that'd Id like to use. Heres the catch, the guy I was working for/helping out and I had a falling out and are no longer speaking, I suppose. I have talked to his brother, he claimed to have no knowledge of the situation. I want to make a video to share with my friends on Facebook, using some of his video which he gave me, never made me sign a contract or mentioned not to use it otherwise. The only thing Im worried about is that the guy that wasputting on the event that the video was shot at will want to post it on his fan page or even his website. I will also be using the royalty free music the he bought and gave to me, when I say gave I mean he transferred it to my computer to use in his videos. The bottom line being I'm not trying to make any profit off of this video, its just to show my passion for video editing and share it with my friends. Theres nothing on paper saying that I could not do so...

So legally can I use his material, if so could he do anything about it?
Feel free to ask any questions, I typed this in a hurry so it may be hard to understand.


-Royce
 
rmlred said:
... Theres nothing on paper saying that I could not do so...

So legally can I use his material, if so could he do anything about it?
...
Click to expand...
You have it backwards. Your former friend does not have the onus to explicitly deny your use of the video. You need explicit permission from him to use the video.
 
MisterMe said:
You have it backwards. Your former friend does not have the onus to explicitly deny your use of the video. You need explicit permission from him to use the video.
Click to expand...

So technically I could take action towards him and the magazine he used my photos in?
 
i would say without a contract you need permission to use his footage and he need your permission to use yours. But you would both need to be able to prove who shot what ! You may also find if it was at his event you may need permission to show that video on TV / web even if you filmed there on your camera.

With the music he purchased the music to use for his video, if you use on his video thats ok, but if you use it on another video you will need to have an agreement with the music provider, ie purchase it yourself,

there was a thread a few days back about free music, you may be able to find something else to use
 
Ive decided just to use the video that I know I shot, with my camera because there still on my SD cards. Im also going to use the royalty free music he bought because it is Royalty Free Music, he didn't pay to have the rights to the music, it just not copyrighted. I will make it known in the video, that it is my video, and I edited it.
 
rmlred said:
Im also going to use the royalty free music he bought because it is Royalty Free Music, he didn't pay to have the rights to the music, it just not copyrighted.
Click to expand...
Ehm, actually, he has the right to use this music when he bought it. You don't.

Be careful, royalty free doesn't mean that every one can use it.
 
The seller of the royalty free music just has to look into his accounting software if your name and credit card # show up there.

Keeping things legal keeps you out of trouble.
 
cgbier said:
The seller of the royalty free music just has to look into his accounting software if your name and credit card # show up there.

Keeping things legal keeps you out of trouble.
Click to expand...

What if it was a gift? I am under age in the US for a credit card....

Thats why I'm here, tying to get this figured out.
 
That'd be easy to prove.
However, read the fine print. It might not be allowed to transfer the license in whatever way. If it is an exclusive license, you're screwed when caught.

----------

If I were you, I'd look around in the Creative Commons or Free Sound communities if I could find something. Just to be on the safe side.

...or you can easily hack something together in Garageband.
 
cgbier said:
That'd be easy to prove.
However, read the fine print. It might not be allowed to transfer the license in whatever way. If it is an exclusive license, you're screwed when caught.
Click to expand...

I still wouldn't be gaining profit off the video, so would it fall under the fair use law?
 
"Fair use doctrine does not provide a right to use somebody else's work, but presents a defense against accusations of copyright violation for people who reasonably believed that their use of a copyrighted work was fair use. That means that if your use is challenged, you will have the burden of proving that your use qualified as "fair use"."
Retrieved from http://www.expertlaw.com/library/intellectual_property/fair_use.html

Title 17 directly from the horse's mouth ... have fun reading it.
 
cgbier said:
"Fair use doctrine does not provide a right to use somebody else's work, but presents a defense against accusations of copyright violation for people who reasonably believed that their use of a copyrighted work was fair use. That means that if your use is challenged, you will have the burden of proving that your use qualified as "fair use"."
Retrieved from http://www.expertlaw.com/library/intellectual_property/fair_use.html

Title 17 directly from the horse's mouth ... have fun reading it.
Click to expand...

I looked at the sites "terms of use" and it does say can not be distributed...
 
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