Hello. I need help with a video copyright question. Here's the scenario involving persons "K" (the video producer/publisher) and "F" (the writer/performer): - K creates a videotape of F presenting an original lecture/demonstration on a topic in which F is an expert. F gives permission for the videotape but no contracts are signed and no payment is made. F's lecture is delivered extemporaneously (it is not written down and did not exist in any form prior to the video). - K originally intended to incorporate the video into a larger work but fails to complete the larger work. - Many years pass and K offers to publish/distribute F's videotaped lecture as a standalone video/DVD with a 50/50 sharing of net sales. F agrees to the idea. - K and F now need a contract/agreement that documents/protects the rights of both parties including the rights necessary for K to distribute the DVD. Questions: 1. In the absence of any previous contract who owns what? Are there two separate copyrightable works involved here (an underlying literary work and the video itself)? Or is this a joint work? Or a commissioned work? 2. What type of contract/agreement is appropriate? Is a licensing agreement required for K to distribute the DVD? (i.e. Must F assign/license any rights to K? Or does K already have all the necessary rights by virtue of being the creator of the video recording and must merely define his obligations for distribution and royalty payments to F?) Thanks. APost

<QUOTE>Posted by APost:
Hello. I need help with a video copyright question. Here's the scenario involving persons "K" (the video producer/publisher) and "F" (the writer/performer): - K creates a videotape of F presenting an original lecture/demonstration on a topic in which F is an expert. F gives permission for the videotape but no contracts are signed and no payment is made. F's lecture is delivered extemporaneously (it is not written down and did not exist in any form prior to the video). - K originally intended to incorporate the video into a larger work but fails to complete the larger work. - Many years pass and K offers to publish/distribute F's videotaped lecture as a standalone video/DVD with a 50/50 sharing of net sales. F agrees to the idea. - K and F now need a contract/agreement that documents/protects the rights of both parties including the rights necessary for K to distribute the DVD. Questions: 1. In the absence of any previous contract who owns what? Are there two separate copyrightable works involved here (an underlying literary work and the video itself)? Or is this a joint work? Or a commissioned work? 2. What type of contract/agreement is appropriate? Is a licensing agreement required for K to distribute the DVD? (i.e. Must F assign/license any rights to K? Or does K already have all the necessary rights by virtue of being the creator of the video recording and must merely define his obligations for distribution and royalty payments to F?) Thanks. APost</QUOTE>

It would seem that the lecture in and of itself is probably not sufficient to have obtained copyright as it was not in "concrete form. However the video tape would be covered and you obtained copyright without the necessity of registration. I would recommend that you both specifically define your rights in a proper agreement. Michael D. Stewart Esq.