FAQ

Who owns what

This is a very popular question we get asked. The reality is that different production companies will have their own terms and conditions. This is typically established in our production agreement.

We’re not lawyers, and the laws around copyright can be very complex. We can only speak from our experience creating video content for different organizations and uses. Our experience has taught us that just as clients will have certain terms and conditions in contracts, different production companies will also have different terms and conditions.

We like to think our terms and conditions are fair to both parties. However, when it comes to clients who already have their own set of terms, we are always willing to work together to ensure everyone is happy. In the majority of cases, there are never any issues. We like to think most production companies will be willing to compromise on most things as long as they are agreed upon beforehand.

Who owns the final video? And who owns all the footage?

The answer to these questions will change depending on the company producing your video (exactly why the question of ownership should be addressed at the start of the process). We can tell you what we do, and generally speaking, that is what most production companies do.

For us, it’s easy. We create a proposal that details exactly what we will supply, including the length of the video and where it will be shown. We then supply a final video based on those terms for the agreed-upon costs of everything included.

While we retain the artistic copyright, the use of that final video will be passed on to you. In 99% of cases, this is what happens, and it works great.

Problems arise when video usage changes. For example, if your video was originally intended to be used online but later decides to be used as a TV ad, this would be a change in usage. For this example, we would need a lot more time to discuss exactly how usage works, so for now, we’ll keep it short.

Video production is a creative industry, and unlike most industries that produce a product, we produce an idea instead. To produce that idea can involve 2 people or dozens of people. And like any industry, we have our own rules and standards. A key element of the rules is rates of pay. Depending on where that idea will be seen and how many people will see it will have a huge effect on those rates. The usage of a video is vital when getting a price and understanding it when you take ownership of that video.

When you make a video, it is the production company’s responsibility to ensure the usage rights needed for the video’s purpose are cleared. This includes permissions from those appearing on screen, music, voice-over, any external crew permissions, and location permissions. Indeed, some of these you might be able to supply yourself, but it is the production company’s responsibility to check.

On completion of the project, the video is yours. We pass these clearances over to you, safe in the knowledge that these details have been addressed and satisfied.

What if you decide to change the usage? Well, if you decide to change the usage of that video, it becomes your responsibility to make sure the clearances still apply.

In the majority of cases, there won’t be any extra costs, as usage costs will not apply. The most relevant time this would have a dramatic impact is if a video for online use suddenly is used for broadcast, like on TV. If you change how and where the video is used, we highly recommend checking with us, especially if the project features actors, voice-over artists, or music. Licensing costs will most likely be affected.

We recommend talking with us and getting our advice.

This brings us to the next popular question: who owns the raw footage? This is perhaps a little more controversial.

Raw Footage

When we talk about footage, we mean all the footage/shots recorded in the entire filming process, sometimes called the “raw footage.” This question can be contentious with clients and production companies, but it shouldn’t have to be. As discussed in the previous article, this is something that needs to be discussed and agreed upon before any production begins. Getting the question of ownership in writing beforehand is essential to make sure everyone is clear from the beginning.

In the TV and film industry, it is standard practice to ensure contracts are in place for the creator, the director, and all the creative influence (i.e., camera, costume, make-up, etc.) and assign copyright to the producer. When creating something with multiple people, it is essential the issue of who owns the footage is cleared up before any filming is started.

However, in the smaller-scale corporate sector, it is not commonplace to address this problem up front. We make sure EVERY project has this in writing.

In our terms and conditions, A. A. Fiorillo retains the copyright on all work and original files (including raw footage). A. A. Fiorillo grants the client a perpetual, worldwide, fully paid up, nonexclusive license to reproduce, distribute, sell, publicly perform, publicly display, and transmit any of the produced materials and products created by A. A. Fiorillo and to prepare derivative works of the materials and products created. Unless otherwise noted in the proposal, the ownership of all original files remains with A. A. Fiorillo. Original files and raw footage can be provided to the client for an additional cost. We do not automatically assign copyright of the raw footage unless the client specifically stipulates it beforehand.

There are a few reasons why production companies do this, which may go some way to explain why it’s a contentious issue.

1. The Copyright

This is the big one, and it is mainly about protecting the rights of everyone involved. When you make a video, the production company will be very clear on what the video is for and where it will be displayed. They will then make sure everything is cleared for this and provide the licensing to you. More importantly, they will price it into the quote. This will not include the raw footage. Therefore if you think you will want the raw footage, mention it at the start of the process.

2. The Cost

Handing over raw footage does have a cost implication. If you imagine that on some high-end cameras an hour of footage can be 765 GB. If on a project, 10 hours of footage is filmed, that would be 7,650 GB! Nearly 8 terabytes of data! The hard-drive cost alone would be hundreds of dollars. On top of this, there is the time it would take to export all the data; it could run into 20+ hours of computer time.

3. The Loss of Future Work

Imagine being a chef and a customer comes to the kitchen and asks for all the ingredients and the secret recipe to your award-winning dish. That customer may only want to recreate the meal at home, or they may take that recipe to the restaurant next door so that another chef can make it at half the price.

In most cases, client motives are genuine and innocent. But that doesn’t stop production companies sweating with fear at the thought of the implication. They also worry that someone else is going to ruin their work. It does seem crazy, but most creative people have an attachment to their work, no matter who it is for. And the thought of someone tarnishing that is hard.

4. Seeing Us Naked

This is the silliest reason, but it has to be mentioned. With every great shot amongst the raw footage, there may be several bad shots that would “end up on the cutting room floor” (they never make the edit). Those shots may be ruined by minor tech issues, poor timing, sudden shifts in lighting, or by that one ‘videobomber’ staring at the camera. A camera operator may spend an hour trying to get the perfect shot. When reviewing the footage, minutes may be completely useless. These are not exactly a good reflection of their best work and something they won’t want others to see. But it is all totally worth it for that one great shot.

At the end of the day, whatever the reason, if you have a contract first with all this agreed upon, you won’t have any problems. One final note, it’s worth mentioning that although the production company holds the raw footage, it doesn’t mean they are free to do what they want with it and use it without first seeking your approval. In our case, we retain the right to use the finished videos in our portfolio or only some of the best shots in our demo reels.

As always, if you have any other questions about ownership, feel free to contact us.

How long do I hold on to your footage?

A. A. Fiorillo has a 12 month raw footage retention policy. What this means is that I hold on to your raw footage for 12 months after final project deliverables have been handed over. This time might give you the added opportunity to do further contracts for further edits or changes. This does not mean 12 months of edits and revisions this means that once the contract has finished changes beyond that would incur a new contract in order to start to make changes. This is the standard policy unless agreed on in the production agreement Holding on for longer will likely procure an added admin fee.