Legal Question in Intellectual Property in California

Re: Video Editors' intellectual property

When it comes to copyright, the editor may have an authorship interest in the derivative work created by the editing. You should consult with an attorney on this matter and review you work with him to determine the degree to which your editorial changes - which were not made under the control and direction of the director - contribute to copyrighable aspects of the edited film. For example if the editor has followed merely the script to make the edit points or the direction and control of the director - then the copyrightable aspects attributable to the editor may be small or none.

As far as a royalty or other forms of compensation, you should really look at what is customary for payment in the field of film editors.

If you have no contract with the director, then I would suggest that you consult with an attorney when setting up the terms of your working relationship and the degree to which you may have the kind of artistic freedom to make a copyrightable contribution to the film.

Best Regards,

Don Cox

Re: Video Editors' intellectual property

Your facts are a bit thin but for purposes of this answer I'll assume there's no written agreement between the director and you. Copyright is created when there is an original work of authorship which can include a motion picture or other a/v work. On this simple statement, the editor, in the absence of a work-for-hire agreement may have a claim of original authorship. It's not so easy, however, to press that position, which is that you are a "joint author" with the director in the edited film. The courts tend to look at the intentions of the parties when the work began, the nature and substaniality of the respective contributions and who had effective control over the process. In book publication, an editor can make terrific changes to a work but the general understanding in publishing is that the editor does not become a joint owner in the absence of an agreement. In your case, you state the director wrote and shot the footage. Generally, that would give him a priority position and, customarily, the editor does not share in the copyright. You seem to suggest, however, that you have made a contribution that is original such that it rises to the level of original authorship. Your best bet is to work something out. If you cannot, I'm sure there are atttorneys who would take your case but it might end up being costly for both of you.