Ugly Hedgehog - Photography Forum
Home Active Topics Newest Pictures Search Login Register
Main Photography Discussion
Blogger Bills TV Station After Seeing His Video In A News Report
Aug 13, 2012 20:19:02   #
St3v3M Loc: 35,000 feet
 
From: http://jimromenesko.com/2012/08/13/blogger-bills-tv-station-after-seeing-his-video-in-a-news-report/

Michael McKisson, who runs a website covering Tucson’s cycling community, posted a story and video two months ago about an elementary school installing a bicycle track.

“Yesterday, our local station [KOLD-TV] ran a story about the track and included my footage in their piece,” he tells Romenesko readers. “I was not contacted by the station to use the footage, nor was any credit for the footage provided. They must have done a video screen capture of the YouTube version to be able to add it to their report.

“I have sent an email to the news director with an invoice attached for the use of the video footage. I billed them $300. I figured a decent rate was $100 per hour and I worked at least 3 hours shooting, editing and posting the video.

“I have yet to hear back from the news director.” UPDATE: “The news director has responded and said they are looking into it,” reports McKisson.

McKisson’s video = http://tucsonvelo.com/news/students-at-local-elementary-school-ready-to-ride-new-campus-bike-track/13505
KOLD-TV’s report = http://www.tucsonnewsnow.com/story/19238433/students-from-flowing-wells-get-a-bike-track

Reply
Aug 13, 2012 22:42:55   #
sarge69 Loc: Ft Myers, FL
 
Was there any indication of copyrite on the video ?

Sarge

Reply
Aug 14, 2012 06:02:53   #
ToadSlayer Loc: England
 
Set up a rig to auto film, while you test your chainsaw on the news editor's desk .............

I'm sure a lot of folks would pay to watch that !

Reply
 
 
Aug 14, 2012 10:28:52   #
travelwp Loc: New Jersey
 
[quote=St3v3M]From: I billed them $300. I figured a decent rate was $100 per hour and I worked at least 3 hours shooting, editing and posting the video.

I think it's cheezy for them to take material without notification and credit and I think they should pay the $300.

I do have a question that perhaps a lawyer could answer: 1. is it a FAIR USE situation, because only a percentage of the original material, was used. 2. The original material was not used as created because an informational voice over was added. ??

Reply
Aug 14, 2012 10:35:57   #
St3v3M Loc: 35,000 feet
 
travelwp wrote:
I do have a question that perhaps a lawyer could answer: 1. is it a FAIR USE situation, because only a percentage of the original material, was used. 2. The original material was not used as created because an informational voice over was added. ??


I think the same thing applies here:
Court Rules That All Musical Samples Must Be Paid For
http://www.mtv.com/news/articles/1490830/court-rules-samplers-pay-up.jhtml

Reply
Aug 14, 2012 10:55:44   #
travelwp Loc: New Jersey
 
"Court Rules That All Musical Samples Must Be Paid For"

You raised an interesting point of view. When someone creates a painting from an idea, I would consider that art. When one documents a person riding a bike does that constitute being an artist? The court case you referenced was about artists.

I don't know the answer, just asking.

Reply
Aug 14, 2012 10:58:33   #
St3v3M Loc: 35,000 feet
 
travelwp wrote:
"Court Rules That All Musical Samples Must Be Paid For"

You raised an interesting point of view. When someone creates a painting from an idea, I would consider that art. When one documents a person riding a bike does that constitute being an artist? The court case you referenced was about artists.

I don't know the answer, just asking.


Is photography art?
http://wrangl.com/-3

Reply
 
 
Aug 14, 2012 11:19:07   #
travelwp Loc: New Jersey
 
"Is photography art?"

I don't know, but my observation is that a photograph is documentation; however, when the document is post processed into something very different from the original then it becomes art.

Reply
Aug 14, 2012 13:00:50   #
Jer Loc: Mesa, Arizona
 
I guess the lesson is to put a copyright notice on everything you post, video or stills.

You need to talk to a copyright lawyer.
Anyway, I'm going to warn my photographer friends about this incident. I guess we all should use extreme caution in protecting our works.

Reply
Aug 14, 2012 13:25:20   #
travelwp Loc: New Jersey
 
I guess the lesson is to put a copyright notice on everything you post, video or stills.

AGREED !

Reply
Aug 14, 2012 14:09:09   #
ToadSlayer Loc: England
 
A copyright notice only indicates that you consider you have a claim to the material in question.

If some other person or organization uses that material and refuses to pay you, or even to agree to the validity of your copyright claim, then the copyright notice is of no value unless you have the funds and resources to embark what may be a protracted legal action against them.

Never a situation to be entered into lightly !

In short - might will always win over right.

Reply
 
 
Aug 14, 2012 14:20:06   #
Nikonian72 Loc: Chico CA
 
Ask a competing TV station and the local newspaper if they are interested in the story of copyright infringement of your video.

You can apply for copyright at anytime, and it is retro-active. It is NOT who filed first; it is who has the oldest time stamp.

Reply
If you want to reply, then register here. Registration is free and your account is created instantly, so you can post right away.
Main Photography Discussion
UglyHedgehog.com - Forum
Copyright 2011-2024 Ugly Hedgehog, Inc.