Video used without permission on MTV

howboucha

Reading some of the other issues in this section of photos being used in productions without permission, I have one too.

Right now, I am dealing with the producer for a MTV show Wake Brothers in which they used my video of asian carp on the Wabash River. You can see the non youtube version here:

Over the last two years, I have allowed several production companies to use it, from Tosh.o to NHK in Japan. Today I am working with the BBC for a show about Swarms. Most of the time, I simply donate the video as long as they are not making fun of me (Tosh.o is the exception. I was honored to be obliterated by him )

When the Wake Brothers producer contacted me, she clearly told me what they were going to do with it, and stated they didn't have a budget (whatever) I asked her to email me the info, including any releases. Well, I received the info, and after giving it some thought, decided I didn't want it used without compensation. Drum roll please...........they used it and the show aired on the 11th. They really did a great job, except they said it was on the Illinois River when it was actually shot in Indiana, on the Wabash. "How the States Got Their Shapes" pulled the same crap. I gave them a few seconds, which they used for a quick cut of footage of the host on the Illinois River. They needed it because the carp were not jumping when the host was on a boat, and their production just didn't work out.

There is much more to the story as to how my viral youtube video has been misused, but I won't bore you with those details, unless you ask

I talked to the production company rep last Thursday. She admitted the video was used without the proper licensing agreement. I informed her I didn't care for that tactic, and would expect to be reasonably compensated for the use. in return, I would post sign a release. She said she would get back to me that afternoon. Another drum roll........haven't heard from her. I will be following up with an e-mail today.

So, what are "your" thoughts? I appreciate any guidance.

angevin1

My Take: Not enough info. You don't say what their end production looked like nor what the intent of the show was, nor do you say what her intentions were.

My Take #2. They owe you compensation because you declined to have your footage used without it.

My Take #3. They can claim fair-use because the nature of their show presents video such as yours to: encourage an overall thought. To advance a discourse. To shore up theory presented in another format/s.

But mostly, not enough info. & When in doubt, Consult with an Attorney!

edit. After taking the time to Google what this show is, and what it's aim is, I think a reasonable person would easily conclude they cannot claim fair use. That said, unless you can get them to send money via whatever means summarily available, You would then have to turn to an Attorney who specializes in this to bring a case.

angevin1

I can see watermarks coming to a video near you, eh?

howboucha

angevin1 wrote: »

My Take: Not enough info. You don't say what their end production looked like nor what the intent of the show was, nor do you say what her intentions were.

My Take #2. They owe you compensation because you declined to have your footage used without it.

My Take #3. They can claim fair-use because the nature of their show presents video such as yours to: encourage an overall thought. To advance a discourse. To shore up theory presented in another format/s.

But mostly, not enough info. & When in doubt, Consult with an Attorney!

edit. After taking the time to Google what this show is, and what it's aim is, I think a reasonable person would easily conclude they cannot claim fair use. That said, unless you can get them to send money via whatever means summarily available, You would then have to turn to an Attorney who specializes in this to bring a case.

Thanks for the input. Here is the link to the episode. It is in the first minute: http://www.mtv.com/videos/wakebrothers-ep-8-carp-diem/1693548/playlist.jhtml#series=2211&seriesId=38765&channelId=1

While I know just about every attorney in Terre Haute, IN (where I live), none of them touch cases like this lol.

Angelo

do you already have the video registered?

no attorney interested? fine, use small claims court!

Demian

Maaan, what a liar. If their show got picked up by MTV, then they definitely have a budget.

I don't have much to say on this other than I hope you wring a decent sum out of them. Let us know how it turns out!

SamirD

I'd immediately file with the copyright office if you haven't already. This helps you in the legal process if you have to go that way.

One of the reasons they may be delaying is because they may be able to get it from youtube for free since they get a free license to do anything they want with your video. And who knows what ties the rights department between Viacom and google may have. You may be out of luck in that case.

Luckily you have documentation regarding the request for use and your denying it. Takes the innocent infringer plea away from them. Good luck!

howboucha

Thanks for the tips/advice. We worked something out. It did torque me, and I chock it up as another life lesson. I am sure many people with viral video's are abused, or not compensated fairly. I am absolutely clueless as to what a fair market value is for my video. I would love to find a resource to help guide me for the next situation.

novicesnapper

I used to have a YouTube channel, dealt with solar events. When Google changed their TOS, terms of service, I deleted over 1K videos and closed the account before the new TOS took place. Have you read Google's YouTube TOS? You pretty much give up rights, once the video is posted. I suspect that's why it took so long for her to get back to you, they were exploring using the "once it's in the public domain" avenue.

spacefuzz

Well Im glad you were able to work something out. Hard to be the little guy vs big guy, so glad you at least got something.