Legal Question in Intellectual Property in California

I have a nonprofit theater company putting on an annual show that contracts various performing groups to implement the parts of my show.

One of the performing groups at last minute canceled on our upcoming show. We have found a replacement group, but all the videos we have of our previous show are of the other performing group. I would like to know if I have the rights to use those video clips to advertise my upcoming show. This will only be until we have video of the new group. The only thing is that there was never a formal contract of terms for their services. Should I write up a contract or ask them for permission?


Asked on 7/14/10, 11:51 am

1 Answer from Attorneys
Jim Betinol Withrow and Betinol Law

Since you did not have a contract with the performing group for their services, I am assuming that you also did not have them sign a release when you filmed their performance. Without the permission of the individuals appearing in the video could create privacy right liabilities for you. For these reasons, it would be a good idea to contact the individuals in the video and ask them for their permission.

Also, it would be a good idea to create a contract for all performing groups that you will work with and add a release clause. Contact an intellectual property attorney to discuss drafting an agreement that will suit your needs.

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 7/14/10, 4:20 pm


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