Paging IP Nerds
I know it's not one of the bar exam topics, but I have an IP question that someone might be able to answer. In short, Friend T asked me about this situation and it struck me as an interesting legal question worth exploring, so here it is.
Friend T recently held an engagement party at some Armenian banquet hall (if you're Armenian, you know the routine: lots of food and envelopes stuffed with cash as gifts...yes, it's a bit like the wedding scene from Goodfellas, but we're not all named Paulie). She hired a certain videographer to forever memorialize the event. Said videographer also freelances as an ad producer. Much to her shock, videos of her celebration are now being used for ads for a different banquet hall. She has no K or other agreement with the videographer. Who owns the copyright in the video? Is there fair use defense?
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For those studying for the Bar, late-June and July are the best times to seek out distractions. Please nominate how you are taking your mind off "Gooooooood ideaaaaaaaaaaaaa????"
UPDATE: First off, big thanks for the quick responses. Now, this story in today's LAT cracks me up. Smoking's such an addiction, that the very banquet halls I mentioned in the original post are almost always filled with cigarette smoke and riddled with ash trays for the convenience of the smokers. On the one hand, no proprietor wants to confront drunks who are addicted to cigarettes or lose their property when someone puts the cigarette down on table cloth. On the other hand, you're violating the law. Personally, if I were the Glendale F.D. or the LAFD, I'd make it a "habit" of crashing Armenian weddings to enforce the smoking ban. In 3 weeks, you'll have a budget surplus from all the fines.
Friend T recently held an engagement party at some Armenian banquet hall (if you're Armenian, you know the routine: lots of food and envelopes stuffed with cash as gifts...yes, it's a bit like the wedding scene from Goodfellas, but we're not all named Paulie). She hired a certain videographer to forever memorialize the event. Said videographer also freelances as an ad producer. Much to her shock, videos of her celebration are now being used for ads for a different banquet hall. She has no K or other agreement with the videographer. Who owns the copyright in the video? Is there fair use defense?
***
For those studying for the Bar, late-June and July are the best times to seek out distractions. Please nominate how you are taking your mind off "Gooooooood ideaaaaaaaaaaaaa????"
UPDATE: First off, big thanks for the quick responses. Now, this story in today's LAT cracks me up. Smoking's such an addiction, that the very banquet halls I mentioned in the original post are almost always filled with cigarette smoke and riddled with ash trays for the convenience of the smokers. On the one hand, no proprietor wants to confront drunks who are addicted to cigarettes or lose their property when someone puts the cigarette down on table cloth. On the other hand, you're violating the law. Personally, if I were the Glendale F.D. or the LAFD, I'd make it a "habit" of crashing Armenian weddings to enforce the smoking ban. In 3 weeks, you'll have a budget surplus from all the fines.
Labels: Legal Issues
12 Comments:
videographer owns the copyright. as they're an independent contractor, you'd need a contract stating its a "work made for hire" in order for your friend to have the copyright [and its an AV work and specially commissioned, which are met.] however, I think your friend has a solid right of publicity action against the videographer, they need the permission of the folks in the video. -IP Nerd
Thanks IP Nerd and Armen.
That's cool, that's cool.
Law of Lawyering is up. Now I just need two more..
Yes, be sure to refer your friends to the Bosley Bobbing Head Dolls company. Fabulous!!
I haven't started school yet, but from my non-law mind I would think that if your friend paid for it and the videographer did not have permission to reuse the video then he was in the wrong. But in five months I'll probably be told that this and all the other things I think I know are wrong.
I'm Armenian, and my question to your female friend is "C'mon, are you really that shocked that the wedding halls in Glendale use the same videos by the same videographers to promote themselves?"
also an IP nerd here and I agree with 10:32. the possible lawsuit sounds in privacy tort actions (which IS on the bar!), not copyright.
so, essentially, you just helped us all study a little Armen.
so, essentially, you just helped us all study a little Armen.
And if you really want to learn evidence, I'm telling you, watch My Cousin Vinny.
Vinny: "Your Honor, permission to treat Miss Vito as a hostile witness."
Mona Lisa Vito: "Oh you think I'm hostile now, wait til you see me tonight."
Mmmm leading questions.
I'm totally gonna write "Form" as my first heading!!
Yes,9:49 I'm surprised.
And now, everyone is stealing my fairy tale princess crystal theme!
I was also the first to do a sushi bar on ice sculptures + all berry fruit bar. And now, EVERYONE is doing it. Ughhh damn Armos.
I', sorta kinda flattered, of course! hehe
Armen, the banquet hall for my wedding bans smoking indoors and so far, no one lost a finger. They're also very strict about this no-smoking policy. http://taglyanplace.com/index2.php
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