Permission for Showreel

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Gatesheadangel
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Permission for Showreel

Post by Gatesheadangel »

I had a search through previous topics and couldn't find the answer to this -

How do you get permission to use clips of your DC for Showreel? You presumably can't just copy it across from DVD or TV recording. Does a special request have to be made through the agent?
Irishdancer
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Re: Permission for Showreel

Post by Irishdancer »

Think if it's been on TV don't have to ask permission as it's been seen, BBC can be funny I asked to put some thing from Tommy Zoom on sons website producer asked head of BBC was told only a small clip, now it's been out for a long time dose not matter so much. if it's a short film that is going to festivals then they don't want you to use any footage from film until it has finished the festival rounds as it could cause film not to get an award. If not sure ask I asked about the advert my ds did for sony gran turismo 6 which was being shown in 6 different country's wanted to edited it for showreel was told that they did not want the footage edited so did not use it as there was to much other stuff on advert and only wanted the bit that ds was in.
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Flosmom
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Re: Permission for Showreel

Post by Flosmom »

I am not a lawyer, so please don't treat this as legal advice and check it out for yourself too. But my understanding is as follows:

The work is probably copyrighted, so you are allowed to use it as long as your use can be interpreted as 'fair dealing' - there is more info here:

http://www.copyrightservice.co.uk/copyr ... _of_others

I think your argument for fair dealing would be that you are using the material for the purposes of criticism or review (of your DCs performance)

However, it's always polite to ask, so you might want to get in touch to let the owner know that you intend to use the clip, so they have the opportunity to either challenge your assertion of 'fair dealing' (for example if the work hasnt been published) or ask you nicely not to use it or to wait a while if your use prejudices something else.

You could also check your DCs contract for the work. It may already include a clause giving them a specific license to use clips in particular circumstances, in which case thank your DCs agent for doing a good job for them. In any case, make a note to ask for this in future contracts.

If you do use it, and you get challenged, you are likely to receive a 'cease and desist' notice in the first instance. This asks you, politely, to stop and threatens enforcement action, including recovery of royalties/fees in lieu of licenses if you continue. You might challenge back by asserting your right to use the material, or you could choose to comply and stop using the clips.

You Tube and other hosting sites pay royalties to rights holders from advertising placed alongside the content on their site. These are collected and paid out through agents like PPL and PRS, so there's every chance that the rights holder would get compensation for your use of their material anyway, if you are placing it on these sites.

By the way, Flo is one of PPL's youngest rights-holders. If your DCs have contributed to creating stuff that is 'out there' it might be worth checking out whether they are entitled to royalties. Membership of PPL is free and they make the claim for you. PRS is a paid-for service. At least I hope I have that the right way around! Flo knows much more than I do - she has just set up her own record label to handle all this... :shock:

Hope this helps.

Deb x
Gatesheadangel
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Re: Permission for Showreel

Post by Gatesheadangel »

Many thanks to both of you for such useful advice. I really don't know how i would have found all this out without this brilliant website. And good luck to Flo on her latest adventure...
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Re: Permission for Showreel

Post by paulears »

It's quite common for Broadcasters to let people have copies of their performances - I've edited a couple of showreels for people who have been on the talent shows. However, although they got given the recordings, and I'm sure the production company know what people do with it - it is not copyright free, so it's a bit iffy. I always make sure I point out that the material 'may' be covered by copyright in my emails when we are discussing it, and ask them to make sure it is cleared. They email back and always tell me they have permission. This is enough 'coverage' for me, and I do it. The trouble is that these video clips contain so much copyright material that I have no idea how you would ever get it cleared officially. If it's been on TV, you can bet the Lighting Designer's work is protected (I do a bit of that self, and post Pro Designers use a variation of a standards contract - which clearly protects their work). Same thing with the set designer. The costumes, sound design and even the musical arrangements are all protected.

The one comment I got was that she had been told that one judge would not allow his comments to be used? No idea why - but as she told me this, I made sure his contribution was not heard.

It's one of these dreadful areas where everyone seems to do it, everyone knows it's technically wrong, but they do it nevertheless.

As copyright issues are civil matters and certainly not cut and dried, unless there is serious money at stake, most of these showreels get overlooked. The producers know they are happening, but unless there is something derogatory in them, it's really not worth pursuing.

It does mean that in reality, you cannot get things done properly, and you have to make the do it/not do it call yourself. Whenever people ask about copyright, it's often because they really want to do it right - but can't. When I did the first one, I looked at obvious rights holders and when I got to 20, I stopped. If you could actually find them all (pretty impossible - who is that man in the background playing the guitar?) it would only take one to wreck it. Look at the TV programs with blobbed out faces - so common now - and they're the ones they either couldn't identify or those who said no.

It's even worse with the BBC and ITV. So many programmes are made by independent companies, so even the BBC cannot just say yes.

I don't think that showreels come under the description of 'fair dealing' - it's fine to use a short clip for critique or comment, but the entire purpose of a showreel is to take advantage of the copyright material - and self-promotion isn't fair
Gatesheadangel
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Re: Permission for Showreel

Post by Gatesheadangel »

Trust me to find the can of worms and take a peek inside! What a difficult area, especially if anyone needs to see what you have done before...
paulears
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Re: Permission for Showreel

Post by paulears »

In panto, I've been known to give some of the dancers some video of maybe a number or two - but I always have to tell them to keep it quiet, which of course I know I can't.

https://www.youtube.com/watch?v=dtZ-Veu3BC0

This is the video I did for Toni - it's made up from the material she was given, but next thing it's on her agents website and all over the place. It worked I guess, because she's getting lots of work - she's in Columbia at the moment.
francescasmum
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Re: Permission for Showreel

Post by francescasmum »

and now we can put a face to the name! :lol:
Gatesheadangel
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Re: Permission for Showreel

Post by Gatesheadangel »

That's a fabulous video! =D>
paulears
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Re: Permission for Showreel

Post by paulears »

It's edited from little bits from every show. She's a great girl. She always performed with a wig - she was one of the regulars (the other one won it!) at Potters Holiday Centre, near me. They went there to audition people, and took three of them - the first series didn't do the open audition thing by and large.

I think it's a good example though of how the kids should look at themselves. Toni has no hair, and now it doesn't bother her. However, it was The Voice who suggested doing it without the wigs. https://vimeo.com/21850031 This is a clip of Toni at Potters - with the wig, before The Voice.

You can also see how the traditional style was changed on the TV - I'm not really sure which I like best? This is another problem video in a way. Most of the band, and most of the technical people there are my old students - which is a bit scary, but they're working and that's what matters. They knew we were shooting the video, none raised any objections, but it's their performance - and paperwork to cover it doesn't exist. It's very tricky to get this one right!
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