Third Party using and altering my work

[MarkHev]

I dont know if this is the right forum but I hope some one can help.

 

My employer was approached by a catalogue to feature their product range of shelving systems. The company offered them the chance to feature video "demonstrations" that would run under a minute and show potential buyers what they were getting. I freelance as a videographer, and regularly shot such clips for my employer out of work hours and was then paid via invoice.

 

I was engaged to shoot the videos and delivered them and an invoice stating until paid for the videos remained my intellectual and physical property (as I had done with around 30 other clips)

 

About two weeks later, my employer went bust and was bough by a third party and I was told I would not be paid as the work was for the original employer not the new buyer.

 

The catalogue company was told that we would not advertise the new company with them. I got a better offer and left in May 2012 (some six weeks after the business went bust)

 

I have discovered that the catalogue company has now reedited the product videos and is selling them to a number of resellers who display them on their own websites. The catalogue company has edited off the company name and my name at the end and added their own.

 

I contacted the catalogue company and explained that the videos belonged to me not to the employer and provided dated electronic proof of the invoice stating the caveats and asked for them not to sell my videos (Two resellers have shown me proof that they paid £300 for the 9 videos to be part of their site).

 

So far I have been told that the MD is unavailable, in Australia or not wishing to take my calls. He has ignored recorded letters and emails.

 

I contacted FACT who said unless I subscribed they would not act and so I am considering taking the company to small claims court.

 

What should I do ?

[Emmzzi]

Take them to small claims court. If it is indeed a small claim - what woukd you normally charge for the work and rights?

[MarkHev]

Take them to small claims court. If it is indeed a small claim - what woukd you normally charge for the work and rights?

 

I charged £500 each for the clips I created when they were 5 - 10 minutes but did a deal to create these for £1800; I'm more annoyed that they edited the work and passed it off as their own however

[Emmzzi]

and does your contract say the rights in the work are yours until you are paid?

 

I actually think this may not be the best board for the query as it's more transactional contract law than employment law here.

[MarkHev]

This is the caveat

 

2. Upon full payment, by BACS, cheque or cash, the clips and the build up material will become the full property of XXXX Limited, and until such time remain the physical and intellectual property of XXX. Upon receipt of payment the master tapes and the 1080HD tapes original will become the property of the company. They may then be used as you see fit and I relinquish all ownership thereof.

[Emmzzi]

seems solid to me!

[BRIGADIER2JCS]

Needs the attention of a solicitor experienced in this field in my opinion.

[becky2585]

Needs the attention of a solicitor experienced in this field in my opinion.

 

I'm inclined to agree - IP rights is a tricky area.

[Horsen]

Hi MarkHev,

Google copyright law and it should send you to copyrightsevice website. Site has links for email support. Have you tried searching for any forums for videographers, who might have a more specialised interest in this field?