Legal Question in Intellectual Property in California

Re: Copyright infringement

If they are threatening to sue you, they may only be at this point, interested in ensuring the spot be removed from distribution. However, I would take this seriously. It may be their intention to recover from you for any damages the infringement caused. That being said, you would have some applicable defenses, including seeking indemnification from the real estate builder. Hopefully, you have a well drafted contract with the real estate builder for this project? If you would like me to look over this notice that was sent to you by the video company, I would be happy to do so.

Warmly,

Bryan

619.400.4929

Re: Copyright infringement

Even though it is a common practice, what you did technically may be copyright infringement (I would need to see all of the facts) so you may want to remove the 10 sec. insert and in the future have a contract with video companies that will grant you the right to do this.

Re: Copyright infringement

You need a letter from the client stating that they are authorized to use and to prepare derivative works from the footage, and they will indemnify you and hold you harmless against any claims of infringement. Why isn't this language already in your standard contract that you had a lawyer draft for you? Infringement lawsuits are serious business and I'm not responsible for any document that you didn't pay me to write.

Let this be a lesson also to the hapless real estate agent who paid to have their commercial produced without a clear understanding of who owns the copyright.

Re: Copyright infringement

Unless the contract between builder and the original producer of the spot includes "work made for hire" language, it probably IS an infringement, and you could be liable.

Consult a lawyer. BEFORE you to anything else, get some good advice about whether to take the spot off the air, etc. (if you even have that level of control).

Have a look at your contract with the Broker (you did have a lawyer-written contract?). It should provide for indemnity against this kind of claim. If not, you're going to have to deal with the situation yoruself.

If you have Errors and Omissions Insurance... notify your carrier. They'll get you a lawyer to defend the case.