OT - copyright/contract dispute in UK

bankofcanada wrote on 7/6/2006, 1:14 PM

I'm in a contract dispute with a corporate client in the United Kingdom about preparation of a training DVD. Work is 80 per cent done and the client wants to terminate the agreement.

The issue is what the client is offering to pay - about less than half of the agreed-upon price and, unfortunately, this will not even cover the out-of-pocket expenses for things like air tickets, travel costs, etc.

I wonder if anyone has had any experience with asking or petitioning the courts in the UK to enforce their copyright. For example, by asking for a court injunction to prevent the client's use of the video while this contract is in dispute.

Would a lawyer send a "threatening" letter first? What might this cost? Do the UK courts assume that a video creator owns the right to the video they create unless these rights are specifically assigned to a client or someone else?

Does any video producer in the UK have any experience with this?

Thanks,
Andrew Hall
Ottawa, Canada

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Serena wrote on 7/8/2006, 5:24 PM

>>bankofcanada was hired, correct me if I am wrong, to edit existing material <<

No, he was engaged to produce a training video. It is very easy, where we have only a few details from one side, to go off on a tangents based on supposition. Let's teleport ourselves into the office of "magical creams & potions" and listen in to their conversation: "Well the video isn't bad, nothing we can use to reject it. But it just isn't what I expected. You can't really see the stuff scanning the human body's energy field and it's important that we show that in some way. Maybe we need someone local to take a different approach -- I've heard good things about Graham Barnard. Look, I'll just tell our Canadian guy that I'm unhappy with my performance and see if he'll settle for less than the contracted price".

Bob has given good advice based on his quiet approach. You probably get on better by not turning this into a hostile dispute. Once presented with a full account they might just pay the bill.

filmy wrote on 7/8/2006, 5:27 PM

>>>You probably get on better by not turning this into a hostile dispute<<<

Huh?

As for the other comment you made - I have re-read the post and I am still not clear. IMO, It sounds as if he was hired to edit (finish) and project. The exact wording was/is I'm in a contract dispute with a corporate client in the United Kingdom about preparation of a training DVD. To be fair that could be anything really. From editing to creating menus, logos and what not to only the pre-planning of it. But from what i gathered the questions to be it sounds as if he was hire to put together (or prepare/finalize) a DVD for taining.

the question(s) that were asked I think most of us have given their best answers they are able to. I brought up "work for hire" and copyright because of this:

Do the UK courts assume that a video creator owns the right to the video they create unless these rights are specifically assigned to a client or someone else?

From what I have always gathered the UK deals with copyright much the same way the US does. As for "works for hire" I found this:

If you haven’t explicitly signed away your rights, then the law comes down on your side quite decisively. In copyright law, the fair use/fair dealing limitations and exceptions are based upon judging whether the use you are making unduly prejudices the legitimate interests of the rights holder and whether you are making a use that is socially beneficial.

[SNIP]

If you do feel you need to find a lawyer, you should contact your local bar association, local legal assistance groups or local law school. In the UK, contact the Citizen’s Advice Bureau.

You can also check out this site: intellectual-property.gov.uk

Serena wrote on 7/8/2006, 6:13 PM

Well, here you are: "that the fixed rpice to shoot, edit and deliver the training DVD master is $8 thousand USD".

Andrew Hall's rights in the matter appear fairly clear. He has a contract that will stand up in a UK court (although there may be argument about details). The amount owing on an 80% finished work would also be argued between the parties. However we're talking about $8K. A court will decide how much of the $8K should be paid. Take away legal costs, there won't be much left unless Andrew can get awarded costs on top -- by no means certain. Presently there are only potential issues about copyright infringement, because none have ocurred..

However if you're talking about general issues rather than this particular matter, that can be useful too. I know this thread has grown, but this is another matter where really the whole lot has to be read.