Lynne,

Again, since clearly someone else created the film then all rights,
including anything edited, belongs to them. When you hired the shop to
copy the film if you did not expressly transfer any rights in writing
as a result of their services then they have absolutely no claim over
the copy that you had made. It's really very simple.

I have gotten very intimately familair with these issues because for
the past year I have spent evenings producing and directing live music
webcasts. I have dealt with Grammy and Emmy winners and number one
songwriters as well as emerging talents.

My situation is a little more complex as the writer(s) of the songs
own them (so I do not allow covers - only original music that the
artist created), the musician contorls the rights to theri
performance, and then as the creator of the moving images in video and
producer of the content of the show I own that part. Nothing can be
done by anyone without agreement by all. In my case it is simplified
bacuse there is no money invovled and I provide all of the artists
with copies to use to promiote themselves and their carrers. To post
the videos of their songs on my Director's Channel on YouTube I asked
for and got written permission from every single artist to do so.
(www.youtube.com/topladave).

As I said, spend a little time reading the FAQ for film and video on
the copyright office site and it will all be very clear as to who can
claim rights to a film or video.

All Best Wishes,
Dave

On 12/27/07, Lynne <[log in to unmask]> wrote:
> Dave,
>    Thank you for the input on the copyright issues. My concern is not really
> with a straightforward conversion, but (as with the maps) when there is some
> creative input into the digital version. Clearly the maps were cleaned up,
> flaws were removed, color was adjusted, etc. In the instance of the 16 mm
> film, I don't know if the camera shop did any splicing or editing, but if
> they did they have creative input over which they may feel they have some
> intellectual rights, too. Even if they don't technically have some rights, I
> fell it is prudent to have them sign a release form first. I guess Malaro
> does, too, as she indicated that the courts have ruled both ways on the
> matter.
>    Thanks.
> Lynne
>
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