Legal Question in Intellectual Property in California

U.S. Copyright Law - Student Films

May 27, 2009

The USC School of Cinematic Arts

claims a right to own student-

produced short film that use

''University Resources.'' I do not

agree.

If you are willing, please comment.

JL


Asked on 5/26/09, 3:52 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: U.S. Copyright Law - Student Films

USC is a private entity, and they are free to impose contractual terms on people who use their equipment and facilities. I haven't read the policy or contract you described, but thanks to continuing technological advances professional-grade camera and editing equipment can now be inexpensively purchased or rented. Everyone's laptop computer now has music synthesis, sound editing, and video editing capabilities that I would have killed for in my college days. So quit whining and get to work. Your options include:

1. Use your own "resources" to make your short film. Since you have the financial means to attend USC Film School, this should not be a problem for you. Call your Mom or find a Film Angel.

2. Use USC's resources and make a really good, award-winning short film. You can then haggle with USC over the rights, and whatever happens you'll achieve peer recognition; and real-world production opportunities will fall onto your plate.

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Answered on 5/26/09, 4:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: U.S. Copyright Law - Student Films

I agree with Mr. Stone. I would express it this way: If you mean, "Does USC automatically own the rights to my work as a direct consequence of my use of their resources?" my answer would be probably not. If you question were, "Does my use of USC resources imply my acceptance of their policy that they shall own the works thus produced?" my answer would be probably yes.

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Answered on 5/26/09, 4:44 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: U.S. Copyright Law - Student Films

This is about CONTRACT law, not Copyright law.

As I understand it, when you enrolled at USC, you agreed to their terms. Moreover, when you signed for USC's facilities and equipment (i.e., Resources), you agreed to their terms.

You'll be hard pressed to argue otherwise. Especially if the argument is after-the-fact.

There MIGHT be some legal argument against transfers of copyright ownership, but 'd be a hard-fought and expensive legal battle.

If you haven't already made the film, consider using equipment and resources obtained from other sources (rented, for example). Otherwise, try negotiating a deal with USC

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Answered on 5/26/09, 4:45 pm


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