Pro/College Sports footage ownership question

[David Callahan]

I'm hoping to get some insight from people who have shot for pro or college organizations about footage rights/ownership. I'm aware that this could vary widely on a case by case basis, but does anyone know, is there a "general" rule out there about re-selling something you've shot for an organization like this? ie, can a newspaper photographer re-sell his photos to sports illustrated (of course I know it depends on arrangements with your employer). But I'm looking for a bit of insight and experience.
Especially from Gibby, hopefully. Seems like Steve has shot lot's of sports if I recall correctly.
Many thanks!

 

[Matt Johnston]

Usually the license for use needs to be paid to the rights holder, which for big sports is often the sanctioning body/league/etc.

Depending on the organization, they might own the rights (or at least have an interest) in whatever you shot.

 

[Steve Gibby]

Hey David...it was good to meet you in the Red booth at this year's NAB.

Copyright and/or ownership rules for creative works can vary. But in general if a Work for Hire Agreement has been signed by the shooter, that agreement will define clearly that the creative effort is just that - a work for hire. In those situations the hiring entity retains copyright and ownership to all footage and still photos shot. For most TV work, whether its a network or an independent station, anyone shooting for them must sign a Work for Hire agreement which assigns ownership of the footage/stills shots to the hiring entity.

As an independent producer/packager of series/one-offs for networks, there have been times where I've had the leverage to reserve at least the raw footage to my own copyright ownership, with the edited show itself the ownership of the entity I'm packaging for.

For self-produced and independently financed productions, the producing entity has all shooters sign a Work for Hire agreement, and when it comes to negotiating with networks and stations for airings of the program, the producing entity almost always retains all copyright to the finished production and its raw footage too. As an independent producer you don't want/need to give the airing entity any more concessions then you need to in order to get the program aired.

If a newspaper photographer is freelance, and does not have a Work for Hire Agreement in place assigning the newspaper copyright for his/her photos, then they retain the copyright to them and absent any other agreement with the paper that restricts his/her re-distributing the photos they can further use them in any way they choose.

Yes, I have done a lot of sports TV work. Some of it has been freelance via Work for Hire, some of it has been as an independent producer, and the rest of it has been as a contract packager of series and/or one-offs. The Work for Hire stuff was very clear on who owned copyright to the work. For the independent producer work I almost always retained all copyright to the work. For the network packager work the copyright to the programs themselves vested in the network, or in the case of sports production, the league. But frequently I was able to reserve the right to the raw footage for a reduction of the packaging fees on my part - depended on the situation and entities involved.

Copyright law can vary from country to country, and from industry to industry. I'm not an attorney and the observations I made above certainly shouldn't be taken as legal advice. Those working in the creative arts should pay close attention to applicable copyright law for the geographical areas and industries they work in, including consulting a media specialist attorney whenever they need to. There are also some very good online resources for media contracts and media law.

The most valuable asset of any production company, whether its a one-person band, or a giant studio or network, is the library footage and finished productions to which they own the copyright. Knowing clearly what you own copyright to, then leveraging that asset out via re-airings, licensing, etc. is the trick.

Hope the above helps you somewhat. Again, good to meet you this past April at the Red NAB booth

 

[Greg M]

Also its very important to understand that even though you own the footage (assuming you do) those rights have nothing to do with the clearances within the footage. For example actors or trademarks. You will still be required to pay those applicable fees if they are even obtainable. As an example lets say you had paid actors who signed a 1 year buy for a specific use, you are still restricted by that agreement. Or if is a college football player in that universities uniform, you must obtain rights for usage from that specific university, which are generally very difficult or costly to obtain....assuming this is for commercial gain and not news.

 

[Don V. Stephens III]

Hi David,

I suppose I could walk to your office (!) but I thought I would post this here in the interest of the public discussion.

I found the following at this link:

The NBA maintains the exclusive worldwide right to license for commercial and promotional purposes all intellectual property of the NBA and its member teams, including but not limited to, the words, names, nicknames, identifying slogans, symbols, emblems, uniform designs, logos, game action photographs, game action video, trade dress colors, and other identifications of the NBA and its member teams (collectively, “NBA Intellectual Property”). No commercial use can be made of NBA Intellectual Property without the prior written consent of NBA.

Take that for what you will. I'm unsure as to the reliability of that particular post from 2005, but it would not surprise me as being accurate. The news can use unlicensed material in a limited fashion under the "Fair Use" exclusion to copyright prosecution. Unfortunately, you never know if that exclusion will apply to you until AFTER a judge rules!

--Don

 

[Steve Gibby]

There are various types and levels of televised sports productions...

Of the total volume of televised sports productions, a huge percentage of them are alternative sports programs shot non-hardlined EFP style, as opposed to hardlined EFP style production of mainstream sports (NFL, NBA, PGA, college, etc.). I've done a large number of both hardlined EFP style productions, but even a larger number of non-hardlined EFP style productions (usually alternative sports).

Footage and rights issues for hardlined EFP mainstream sports are inevitably all locked up by the pro leagues and the broadcast and cable networks they're contracted with. But in the large production industry of non-hardlined EFP alternative sports, footage and program rights can vary widely - from all rights held by independent producers hiring Work for Hire freelance workers, to split rights productions by network packagers, and a few rights held productions by networks (X Games. etc.). Professional alternative sports entities (leagues, associations, etc.) rarely are able to retain many rights to programs and footage because they simply don't have the capital to secure those rights from the predominantly independent producers doing alternative sports shows.

What most viewers and few people in this industry realize is that among cable networks a huge percentage of the programming is done by independent producers who are self-syndicating their programs onto the air, followed by a high percentage of cable network programs that are produced by network contract packagers. In the mid '90's cable networks quit running credits on programs to enhance the viewer impression that the networks produce all their own programming. But the fact is that on many cable networks as little as 15% of overall programming is produced in-house by the network - with the remainder being supplied by independent producers, and network packagers. But if you pay close attention to the end of cable network programs, though you won't see credits roll, you will see a quick graphic for the independent production company, or contract packager that produced the program. Its those kinds of programs, including alternative sports programs, where the indies and packagers have retained all, some, or a lot of rights to the shows and raw footage from them.

Good release forms are used widely by independent producers and network packagers. People, locations, etc. are all released - and astute indies have those releases pointed back to themselves in terms of footage ownership whenever possible.