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I AM NOT SURE WHETHER I HAVE THE RIGHTS TO LICENSE MY FOOTAGE
Copyright 101: Know Your Rights
If you are producing content on a contractual basis for a client, you likely agreed that the media you produced would be considered a work made for hire. This transfers your right in the media to your client. If you are regularly signing written contracts, you can still license media on Nimia by requesting additions to the contract. Read the paragraph below titled “Contractual Work 101 – the negotiation process” to learn more.
If you didn’t sign a written contract while producing media for a client then you own the rights in the media you produced. This means you have the right to license that work on Nimia. For additional information see, Section 101 of the U.S. Copyright Act (title 17 of the U.S. Code) or contact a Nimia Intellectual Property Agent to learn more, [email protected].
I PRODUCED CONTENT FOR A CLIENT ON A CONTRACTUAL BASIS. HOW CAN NIMIA HELP ME LICENSE IT?
Contractual Work 101: The Negotiation Process
Nimia helps their members gain rights to the work they produce. Members can use the Standard Production Contract which states that Producer maintains copyright ownership and grants Client a license to the finished work product. Or if the Client requires Producer to sign a contract provided by the Client, then Nimia helps the Producer request a License Back clause in the contract so that they have legal rights to the footage produced. If the Client does not agree to the License Back, then you (or Nimia on your behalf) can ask for a limited license back to use footage that is not used in the final cut. If this is not agreeable to the client, you can ask the client if they’d like to enter into a revenue share agreement (between you and the client) to license the unused footage. If you are unsure how to move forward with obtaining a license back, send the contract to [email protected] and we will help suggest the correct terms.
Example Clause to Add to Your Client’s Contract:
Client grants Producer a perpetual, worldwide, license to display Deliverables on Producer’s website and Producer’s account profiles at third party websites and to sublicense all media.
The first clause allows you to display the final work product on your personal website and on third party websites like Vimeo, Youtube or Nimia. The second clause allows you to license the b-roll footage.
If the Client is opposed to granting you rights to sublicense all media, suggest the following addition: to sublicense media that is not used in the final completed work.
WHAT CATEGORIES OF CONTENT/MEDIA DOES NIMIA HAVE?
Boutiq’: includes media exclusive to Nimia and of exceptional quality both in terms of objective and subjective attributes. Media in the Boutiq’ collection has a minimum resolution of 1080p and is shot on a cinematic camera. The media can be used in either commercial or editorial productions. Boutiq’ content is sold through a Rights Managed / Boutiq’ License Agreement.
Premium: includes media exclusive to Nimia Archives. This means you cannot find this media for license anywhere else in the world. The media can be used in either commercial or editorial productions. Premium content is sold through a Royalty Free License Agreement.
Multi-Agency: includes media not exclusive to the Nimia Archives. This means you may be able to find this media for license at other agencies. The media can be used in either commercial or editorial productions. Multi-Agency content is sold through a Royalty Free License Agreement.
Editorial: includes media to be used in entertainment projects, documentaries, and news, or other “non-commercial” uses. This media cannot be used for “commercial purposes” because the media may contain identifiable brands, locations or people without the proper legal releases needed for “commercial use”. “Commercial Use” has a specific legal definition, eg., a documentary is not considered commercial use even though documentaries are sold for a profit, for more info, read this article. Editorial content is sold through a Royalty Free style License Agreement.
Public Domain: includes iconic media digitally re-mastered and made available for download. This media is free of all copyright restrictions and can be used for any purposes, for any length of time, and receive any number of views, but may have restrictions related to an actor’s right of publicity if used commercially. Public Domain content can be downloaded and used after entering into a Public Domain Agreement.
I AM A PRODUCER AND I AM NOT SURE WHICH CATEGORY MY FILE BELONGS IN
To learn which category your particular files belongs in, click here to learn more.
WHAT ARE THE TYPES OF LICENSING AGREEMENTS?
Rights Managed / Boutiq’ License Agreements: Rights-managed / Boutiq’ License Agreement is a license that allows you to use the content for a single project and with restrictions on usage, such as limitations on the size of viewership, placement, duration of use and geographic distribution. You will need to select specific usages according to your project that will use the licensed footage. Once your project and specific usage is determined, a price for the license is calculated. If you need to use the content for a different project you would need to acquire an additional Boutiq’ License. Exclusive rights to footage is available for purchase by contacting [email protected].
Royalty Free License Agreements: A Royalty Free License allows you to use the content in multiple projects by paying the license fee just once, at the time of entering into the Royalty Free License Agreement. The fee depends upon the number of views selected at the time of checkout (more or less than 1 million) and the various licensing terms you may add onto the License Agreement (Web HD, Resale, Perpetual and Extended Legal Coverage).
HOW IS NIMIA WITH ROYALTIES?
Direct: You license your work directly to your clientele through Nimia’s Direct Sale feature and you receive 90% commission, (You can choose price). This means you find the buyer, choose one of our a standard licenses (Boutiq, RF, etc), choose a custom price if you want, and you get 90% commission.
Boutiq: We license your work and you get 50% commission, (~$1000-$3000). The media can be used in either commercial or editorial productions.
Premium: We license your work and you get 50% commission, (~$175-$400). The media can be used in either commercial or editorial productions.
Multi Agency: We license your work and you get 35% commission, (~$125-$250). The media can be used in either commercial or editorial productions.
Public Domain: We license the public domain work that you upload and you get 35% commission, (~$50-$100).
Editorial: We license your work and you get 40% commission, (~$150-$500).
ARE YOU CURIOUS FOR MORE INTERESTING LEGAL STUFF? CHECK OUR LIBRARY
- BATCH COPYRIGHT REGISTRATION
- DO YOU NEED A PROPERTY RELEASE? SHORT ANSWER…THE WORLD IS COMPLICATED.
- IS BETTY BOOP IN THE PUBLIC DOMAIN?
- JUDGE REVERSES A FINE AGAINST COMMERCIAL AERIAL FILMMAKER
- WHAT TO DO WHEN YOUR CONTRACTUAL CLIENTS DO NOT PAY…
- $14 MIL LAWSUIT AGAINST TV DOCUMENTARY?
- GET MORE OUT OF YOUR LEGAL CONTRACTS
- A NERDY DIVE INTO COPYRIGHT’S FAIR USE DOCTRINE
- COPYRIGHT + NEW CASE LAW = CREATIVE DISRUPTION
- CAREFUL WHAT YOU CAPTURE! THE DO’S AND DONT’S OF TRADEMARKS IN YOUR VIDEOS
- WHEN IS A PROPERTY RELEASE NEEDED?
- COPYRIGHT VIOLATIONS AND THE DMCA – VIDEO CONTENT
- STANDARD VIDEO PRODUCTION CONTRACTS