| Contract issues ... Help!
Question of Moritzk:
Dezember 2009
Good evening my dear,
just sit on a contract which I s.einen people write. For the customer, I created a video. This video contains music tracks for this we have no Gema rights, is therefore all the more complicated.
The user wants to keep the songs but not play, and yet the entire responsibility. Now I am looking for a good formulation of which is the current user of the videos so I (or the customer) is responsible for the music tracks used must bear.
So bsp. If I see the video on a web page and upload it to a display of s.end Gema leads, I happen to costs or liability for it ... but if my client is erwicht then he has problems.
Follow I happen to have no problem with the video anyway because I just on my home page, and upload to youtube ... but I want to insure me because I do not know what the customer order or how he hires!
Do you have a phrase for me with which I am s.besten fuses?
Furthermore, I ask for your support to the following contract points ... when I take any wrong words like korregierungen meet :-)
Thank you for your time!
1.)
Moeke film is and remains Copyright of the footage and the video "......" . The video can next be used for reference purposes as long as the Filmed (......) is not personally or optical distorted or misrepresented.
2.)
Mr. Customer ... ....... is an unlimited usage and exploitation rights to the video sitting down .............. acknowledged. Gross misrepresentations, however, can continue to be prohibited by the author. This unlimited usage and exploitation right shall include self-marketing for promotional purposes as an artist, the editing and the right to the performance and publication.
3. For any claims against third parties arising from the use or alteration or other use of the footage to confront the parties mutually freely against the Ansrpüchen third parties.
4. .... here the point is to use the Gema strictly protected titles.
Thank you for your efforts and for your time!
lg Moritz
Reply wontuwontu:
Times as a few points which I noticed:
1. The copyright always lie with the creator / originator. These can not be passed on.
2. With the use rights, a distinction between the simple to use and the exclusive right of use. In the latter, no one except the customer is allowed to use the product, not even the author. He can, however, include a clause again.
3. With the cost of the PRS, it will not stay. As the music pulls you out of the actual context, also covered in license fees, which s.den respective publishers are paid. Not until the license (ie license there), may settle the GEMA broadcasting.
If you sell your work, without having to have the rights to use for it, which is basically nothing more than selling pirated software. Synonymous because it does not help you if in side the responsibility of the customer.
The only way is to sign off when ordering the customer something in which he states in possession of any use for him to be desired song.
I'm not an expert in the area, so let me be happy to disabuse. Generally designed to license and use the theme but not so easy, especially not when the whole posing as "own work" and then sold to another business synonymous.
Greeting
Reply Bernd E.:
... Now I am looking for a good formulation of which is the current user of the videos so I (or the customer) is responsible for the music tracks used must take into ...
I am not a lawyer, so only conditionally: If you try it with a clause to shift the responsibility for the music on the customer, it can - if it's stupid and runs the entire lands in court - may be an own goal . If I remember right, courts have already held in the presence of this clause, that the video producers, the issue of shared music was obviously not aware when he used it yet. Thus was not assumed in his favor of negligence, but the act was carried out with intent - with a corresponding effect on the verdict.
... I have no problem to happen since I follow the video anyway just on my home page and upload to youtube ...
That these sequences represent a lot of trouble and expense for you, you is already clear? Even if the attitude of Youtube in individual probably still is not clear: The use of music without the rights of this release in a video on your website is definitely not a good idea.
Reply pardalis:
Hello,
I would recommend that you never own a contract to design, but to hire an attorney for contract law (sounds more expensive than it is). A self-worded contract can be very expensive for you, at times you been of very simple things such as "charge of copyright law" have no idea.
greetings
uwe
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