Legal Question in Entertainment Law in California

Re: Documentary film

Copyright protects original works of authorship fixed in a tangible medium, such as films. It appears that the studio believes that they own the copyright in the documentary film either as a derivative work of their film or as a work-for-hire. A derivative work is a modification of an original work. Without the original author's consent, the derivative work's author may not be granted protection for their contributions because the original work was used unlawfully. A work-for-hire is one made by agreement or one made by an employee in the course of his/normal duties. Ownership in the documentary will depend on what elements you included from the studio's film, the terms of your original agreement with the producers and any other agreements or understandings you may have had. For instance, they may be arguing that, even if the documentary is not a work-for-hire, they purchased the copyright in exchange for the food and travel expenses they provided. However, without seeing their demand letter or a more complete understanding of the facts, it is not clear what the situation is.

In short, you may have ownership rights in the documentary film, but you may not. However, you should consult an attorney in person for a more thorough evaluation.

Re: Documentary film

Mr. Sullivan's statement of copyright law is accurate, but incomplete.

Unless you were an employee (i.e., on payroll, taxes deducted, etc.) or you signed a contract designating your documentary as a "Work-made-for-hire", YOU own the copyright. That said, the film's producers own the rights to the 'underlying work' (the film, etc).

So, while your documentary is YOURS, you probably can't exploit it in any way, without their approval. (and the signed releases of everybody who appears in the documentary). Likewise, unless they strike a deal with you, they can't do anything with your docu.

So, you've got a sort of stand-off. You'll need to make a deal with the producers, but you don't have to roll-over.

If they don't play ball... chalk it up to experience, and put your tapes away for safe keeping. When they get a distribution deal, they'll be back in touch 'cause they'll want it for 'special features'.