Legal Question in Business Law in New York

Re: business property?

First, I'm sorry for your loss.

The rights to the material would depend largely upon the contract between your brother and the subjects of his videos, and upon whether any third party, like a producer, might also have rights. It's understandable that the performers would want the tapes - but discovering whether the tapes belong to them requires more knowledge as to the circumstances under which the tapes were made.

Re: business property?

You should not answer any more calls without first meeting with an attorney to determine the rights, if any, that your brother's estate has in those tapes. Advise callers to call you next week or to speak directly with the attorney. You may contact my office by email to schedule a consultation (no fee) to discuss this further. [email protected].

Re: business property?

I am sorry for your loss.

Without contracts this is going to be a sticky wicket. The chances are however that the videographer probably has more rights to the material than the subjects, especially if the subjects know they are on camera (which is what you describe.)

YOu need to speak to an attorney and probably be named the administrator of your Brother's estate. Please feel free to contact me to discuss this further if you are interested.

Good Luck.

Re: business property?

This answer duplicates my answer to your prior question.

My condolences on the death of your brother and on your unhappy task of sorting through his estate. This is a tough time for you.

This is a copyright question, still, not a business question.

Under the copyright law, the performers have the copyright in their performances, but your brother has copyright in the depiction of their performances (the choices made by the director (your brother) vs. the performance as one would see it on a stage (the performers)). This conundrum can really only be fully resolved by contract between the parties, and most videographers require a written release from the performers before they videotape anything. Evidently your brother did not, which leaves the performers with a copyright claim, and the right to access the work to which they have rights.

Charging more than a small amount of money to return the videos to these performers is pretty murky water since they have rights in the performance and there's nothing in writing. There is, though nothing that says they don't have to pay shipping and handling on their works. That's one possible solution.

BTW, unless your brother was Alfred Hitchcock and these videos are the original reels of "Psycho," don't get into a copyright battle, or even discussion, with the performers. It's really not worth it. Just charge shipping and handling and get the videos to them.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: business property?

I would not do anything with the tapes (including returning them) until you have spoken with a lawyer or until someone has been appointed to handle the estate of your brother. You should take your time, so that you can make the correct decision. Please feel free to contact my office if we may be of any assistance in this matter.