How would I go about or contact to file a lawsuit as a music video editor?: So I was hired by another video editor that works for a production team. I was asked to edit a video they shot to be put on viral youtube page. After spending long hard hours, I was not credited for the editing on instagram in a promo. They in turn claimed the production company did editing, not me. I contacted the rapper in the video who totally understood and said she was unaware I edited it. She then proceeded to tag me and the editor that hired me on the video promo. Immediately following that I received a rather vicious diatribe in my direct messages from the owner of the company saying he didn't pay me. I then went on to explain his editor paid me and that I wanted the credit for the days of work I spent editing. I was mocked and taunted in the direct messages by this production owner. And he claimed the original editor was paid to not take credit. I was never informed of this, and believe I should be credited for my works. Whats even weirder is after the production company owner was done insulting me, I was blocked, and the artist removed both my username and the editor that paid me. The music video drops this Friday August 9th, 2019, if I'm not credited, can I sue?
Dane’s answer: I would say that it depends mainly on the agreement between the parties. As suggested, the editing may have been done as a work made for hire, which would put copyright in the employer. But this requires a written agreement entered into before the work is done. Without reviewing the agreement, it is not really possible to give much of a helpful answer. If there was no written agreement, then enforcement of any claimed rights may be difficult. I would also add that under under U.S. copyright law attribution is more of a tradition or a deal point than a specific legal right. This is one more reason why It is always better to put agreements in writing to make rights and obligations clear. Consult a copyright or entertainment attorney who can either review the agreement or determine the likely terms of an oral contract by reviewing communications between the two sides.
Can I revoke my consent to be on a reality TV show?: I signed a release form for NBC so they can use my image for a reality TV show but now that it's started I don't want to be apart of it anymore. I get no competition of any sort nor am I a main character on the show. It's two weeks into a eight week production
Dane’s answer:
The answer depends first on what the form provides. Reality television series participation agreements typically require that participants commit to availability and appearances. A lack of compensation would not necessarily change the participant's obligation because other forms of consideration, such as travel and related expenses, are probably being provided.
Courts are unlikely to compel someone to participate against his or her will primarily because of the Constitution's prohibition of involuntary servitude. But that doesn't mean that the producer will not have a breach of contract claim. Damages such as costs of finding a replacement, reshooting or editing to remove someone, etc. could be recoverable, especially since the show has already begun filming. Consider consulting an attorney who is licensed in your state and familiar with the television industry.
Hand painted Disney picture?: If someone paints a Disney character and people want to buy it, is that violating copyright laws?
Dane’s answer:
Possibly. Disney characters are protected under both copyright and trademark law. Generally, permission or a license is required to use such protected intellectual property, including by copying or making derivative works of it. Depending on whether the use is transformative and other factors, a defense of fair use might exist. Fair use requires careful legal analysis before an opinion on whether the work in question qualifies can be given.
If permission or a license is needed, it should not necessarily mean forgetting about using the protected IP. Again depending on the use, asking for permission may be fruitful. Consulting a copyright lawyer to fully evaluate the use you plan to make before going ahead would be prudent. You can get more information on possibly obtaining permission and learn more about licensing Disney characters at http://disneypermissions.force.com/WelcomeIntak....