Who Owns The Copyright On Your Video Story?
Don't Make The Mistake of "Assuming" You Do
St. Louis, MO - September 12, 2022
- I’m not sure if it was Joe Pesci as Vinny Gambini in the movie My Cousin Vinny or Oscar Wilde who first said “ when you assume, you make an ass out of u and me
,” but that insightful quote is on point for today’s post.
Who owns your video story?
You might assume you do, but that depends on some key facts.
DISCLAIMER:
Before I go further, I need to tell you that despite being an attorney, I am not providing you legal advice. This is a blog post is to encourage you to be aware of your rights. Please consult your own attorney should you need legal advice.
Okay, with that out of the way…back to the core question.
Who owns your video story?
It depends.
If you produce your video story all by yourself, you own the copyright.
You are not required to file anything with USPTO (United States Patent & Trade Office) as the copyright is automatic. That said, there are some benefits with filing with USPTO. If you just produced your first full feature movie, I would encourage you to talk to your attorney about filing with the USPTO to protect your work.
Okay so now you know that if you produced a DIY video, you own the copyright automatically. By writing this blog post, my copyright is automatic to me as the author.
That probably makes sense right? Well, what if you didn’t DIY your video? What if you hired a professional?
If you hired out, then who owns the copyright depends on whether you have an agreement.
Did you sign a contract with the creator? And if you have an agreement, what rights does it convey? Does it convey you a copyright or a license?
That all depends on what the agreement stipulates.
If you don’t have a written agreement, then the creator owns the copyright
even though you hired them because that is the default setting under U.S. law.
Don’t assume just because you hired someone to produce a video that you own it. It is a common mistake I see people make all the time when they hire a photographer or videographer. A handshake and sending cash via Venmo doesn’t cut it.
Under U.S. law, the creator of the art owns the copyright on the creation. A photographer who takes a photo owns the copyright on the photo unless they agree otherwise with a client in writing.
The same goes with the creator of a video, whether it tells a story or not.
Absent a contract or an employee/employer relationship in place, whoever creates the video owns the copyright.
A special note that you can’t create a video that infringes on the rights of another (e.g. logos etc.). Same with taking a photo. One of the big mistakes I see photographers make is assuming they can sell a bunch of copies of picture they took of someone. Nope.
I won’t let you sell my photo unless you have an agreement with me. I own my name image and likeness. So before you print up a bunch of t-shirts with my cheeser on it, let's talk terms.
In my role as VP of Communications for the St. Louis Cardinals, I would see photographers make this mistake a lot.
You can’t sell a bunch of prints of Albert Pujols hitting number 700 ( fingers crossed that happens
…) without getting a license agreement with MLB and consent from the player (or player's association).
Sorry for getting sidetracked. Let’s get back to the question at hand about whether you “own” your video story.
Who owns what depends on the agreement you make with the creator.
If you hire someone to take your photo, be sure to look at the fine print of your agreement with the photographer. Most photographers will likely only grant you a limited license to the photos, while retaining the copyright. That is the case with my wedding photos. We have a license to the image, not the copyright.
That is the typical arrangement with still photographers.
With respect to hiring a filmmaker or video creator, most of the time the filmmaker or video production company retains copyright and grants a limited usage license to the client.
At STORYSMART, we reverse that arrangement. By default, our client owns the copyright on the video story and we get a license. It is part of the value proposition of STORYSMART.
We want – and believe you should – own the copyright on your own story. We just want to help you tell it professionally.
We don't think you should have to choose between "owning" and "not owning" when you decide to go from DIY to professional. You deserve to own your professionally told story so you will always be remembered.
A professionally told story will be a better story, but why should you have to give away your rights to tell a story that connects well with your audience? At STORYSMART, we reject that notion. You can own your story and have it told professionally.
And by the way, you can demand that when hiring a creative. Sure there will be some who won't go for it, but let's face it there are lots of creative fish in the sea. You have choices.
While our default setting at STORYSMART is to grant you copyright on the final video story, we retain the copyright on the raw footage unless the you pay a modest fee for those rights.
That is why we offer packages that convey those rights.
You have a lot of different options when you decide to tell your story. Do it yourself or hire out. If you hire out, do you want to own your story? Is that important to you?
If might not be. You might be fine with someone else owning your story and just having usage rights. Only you can decide what is important to you.
Our advice is to be smart about it. Know your rights and be clear about what you are buying if you decide to hire someone to tell your story. After all, it is your story isn't it?
About STORYSMART
If you want to be remembered, share an amazing story on screen. Whether developing a brand for your business or preserving a family legacy, nothing is more powerful than a great video story.
While there are a lot of DIY apps out there to help you produce a video, no app will turn you into a great filmmaker. Telling your story well with video can be hard. You need the right skills and equipment, not to mention time, money and talent to do justice to your story.
STORYSMART helps you tell your story in the amazing way you deserve with our done-for-you premium video storytelling service. Using a nationwide network of talent, STORYSMART provides you an experienced television reporter or journalist filmmaker to tell your story professionally following our proprietary STORYSMART system.
STORYSMART provides a nationwide premium video storytelling service that empowers individuals, families, celebrities, small businesses, and other organizations to have their stories told professionally while still retaining their intellectual property rights. Learn more at getstorysmart.com



