Legal Question in Entertainment Law in New York

Re: Documentary film and ownership questions

These issues are all determined by the intent of the parties. This is demonstrated by entering into a valid contract which specifies all the terms and conditions of the respective parties. I suggest you retain the services of a competent attorney as soon as possible. Under no circumstances should you get involved in this venture without counsel. You may call my office @718-834-0087 for more info.

Re: Documentary film and ownership questions

To folow up on the previous reply, the contract will govern who ends up owning rights to the masters and the film itself. That is why you would want to approach contract negotiations with care and make sure your legal rights are protected.

However, the general rule is that if your film is considered a "work for hire," copyright vests in the employer (the band's record label or production company). You would probably want to avoid this result, if possible, and try to maintain ownership of all rights in your film. This is a question of your leverage, negotiations, the band's reputation, etc. You would also want to get the band's written consent to be filmed and a permission to use all of their music, likenesses, trademarks, if any, and other IP rights in your film with as few restrictions as possible. Then, you would be in control of how the film is used and can license it for certain limited uses in exchange for a royalty.

Then again, if you get an appropriate amount upfront, you may want to consider giving up copyright in the work and not be bothered with marketing the film yourself. Even if you assign the copyright to someone else, you would need to be protected as far as payment, credit, etc.

Feel free to give me a call if you need legal representation.