Do Clients Own the Raw Footage After an Adelaide Video Production Company Delivers?

Copyright begins with the creator

Often, when a production company delivers back the final edit, the client's first assumption is that the deliverables belong to them. In Australia, that is not always the case under the Copyright Act 1968 (Cth). Typically, the person who created a work owns copyright in that work. That means the production company typically owns the copyright in the film, not the client who paid the invoice. The raw files, the edited versions and the music tracks could all have different owners, depending on the circumstances. So it depends on what you are asking about.

Employees and contractors

Who created the work? If an employed videographer filmed the footage as part of their role, the employer typically owns the copyright in that footage. On the other hand, a freelance camera operator does not automatically assign their copyright to the entity hiring them, unless expressly stated. They may retain copyright in the material they filmed, while granting a licence to the company hiring them to use that material. Visit the website today to connect with a trusted video production company in Adelaide businesses rely on for clear, high-impact visual content.

Assignment must be in writing

Sometimes it is desirable for the copyright in the final edited version of the film to belong to the client. Copyright can be assigned, but the assignment must be in writing and signed by the owner of the copyright. That means a verbal agreement that "the Stirling wedding couple can keep everything" may not be sufficient. A simple written assignment of copyright, or an express provision in your service agreement, will remove any ambiguity.

Licences as a middle way

Many Adelaide businesses find a licence to be a middle way between assignment and retention of copyright. A licence might see a Norwood café using a promotional video on their website and social media for a period of two years, while the production company retains the footage and can include the work in its portfolio. A licence should expressly provide the scope of the authorisation, including its term and geographical reach.

Music, stock and third party material

The client's ownership of the final film does not necessarily extend to the constituent parts of that film. A background track licensed for social media use would typically not be licensed for television commercials, and similar limitations would apply to stock footage, logos and archival images. Producers should identify all of the third party elements and confirm the scope of each licence to those elements at the time of delivery.

Moral rights and credits

Finally, remember that Australian creators also have moral rights in their works, including the right of attribution and the right not to have the work subjected to "derogatory treatment". A client seeking to re-edit footage or re-score a director's cut should seek written confirmation that the necessary moral rights consents have been provided. Similarly, credits not provided in the final version of a delivered work can also cause friction long after project delivery is completed.

Protecting both sides

A clear agreement benefits both sides, and should expressly provide who owns what. It should also set out the licence grant to the client, and any restrictions or limitations on that licence. It is also important to expressly provide what happens to the raw footage and whether the client is entitled to the project files. For major commercial projects, seeking legal advice is always an option, because the points above are a useful starting point, but not a substitute for a comprehensive review of a project's specific circumstances. Visit the website today to work with a professional corporate videographer who can bring your brand message to screen with clarity and impact.