Legal Question in Entertainment Law in California
Work requiring proof of copyright
If I edit a trailer for somebodies indie film which they will disseminate for promotional purposes, do I need them to provide proof of ownership of all the copyrights? Or can they just sign an IFP - or can I just get them to sign a contract saying they own the rights and indeminifying me against claims arising out of possible infringements?
2 Answers from Attorneys
Re: Work requiring proof of copyright
It would be highly unusual (and a bit overreaching) for an editor to require a producer or production company to prove that they own the copyrights.
Certainly your contract COULD include a warranty by the producer that he/it has the full right and authority to enter into the agreement, and agrees to indemnify you against any claims arising from a breach of this warranty.
Re: Work requiring proof of copyright
Get the most protection you can under the circumstances. Warranty and assurances should be sufficient with indemnification. That way you can demonstrate that you thought about it and took steps to avoid copyright violations. We can assist you if you wish; we have attorneys in CA and WA.
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