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11:20 AM EST, Thursday Feb 04, 2010
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Buying exclusive content from Europe |
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I have started purchasing content here in the USA for a new website, I have also contacted several European content producers so I can purchase content from them. This is our first time buying content from somebody out of country.
My question is:
It would be better to send our company releases to those producers so they can use them, or legal wise is it recommendable that they use their own releases and docs, and then transfer the documents to us here in the USA?
What would be the best way to deal with this?
Does any body have and answer?
Thank you!
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12:37 PM EST, Thursday Feb 04, 2010
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I am an very experienced American producer of content working in Russia-I have clients that work both ways. It is not relevant the country the production is in. What is relevant is how you work.
You need a work for hire agreement with the content producer meaning they are acting as an employee for your company that is why the model is signing your release and not theirs. This has the advantage of the model assigning all the rights directly to you. It also gives you all the liability as if you had hired the model directly.
A transfer of rights from the producer along with their release means you are a 3rd party purchasing the material and its rights so their is no liability directly from the model. There is a slight additional legal protection under the title 18 laws by being a third party purchaser.
Basically how ever you are working now you should continue working in the same way with foreign producers provided that you have actually had a lawyer set up your paperwork and system of working from the beginning.
If you didn't you need to get that done immediately before something you've bought in the states bites you in the ass.
_________________
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12:48 PM EST, Thursday Feb 04, 2010
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Every credible content producer should have their own paperwork, 2257 documentation and release forms, that should be universally usable.
On the other hand, the client should always consider his local jurisdiction or anything particular that needs to be taken care of.
Especially in case of exclusive production, where he keeps all the rights / basically owns the content - in most cases it's the client who also supplies the paperwork.
_________________
Amazing Content - exclusive content production and licensing | icq: 264 739 556 | cooladultblogs@gmail.com
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12:49 PM EST, Thursday Feb 04, 2010
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| Oheras69 wrote: | | I have also contacted several European content producers so I can purchase content from them. |
I'm going to assume you're purchasing non-exclusive or semi-exclusive content, which essentially means you are leasing the material from the provider. You're concern will be to have signed releases from the models, as well as age verification, which in most cases involves the model posing with her passport or other government issued ID. You will still be reponsible for being compliant with USC 2257 laws...
If you're purchasing exclusive content, be mindful of what Davilan has suggested..
_________________
Trans-Glam Productions
photography - design - video production
ICQ-620070687
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01:16 PM EST, Thursday Feb 04, 2010
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Thank you guys I appreciate your time and help 
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01:20 PM EST, Thursday Feb 04, 2010
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you're welcome-now add a joke to the "joke for mass dad" thread!
By the way-welcome to YNOT!
_________________
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