Not specific FCP X I'm just a user. This is a Copyrights question.

So I shoot a lot of destination videos for corporate clients. I want to start submitting for stock usage. No contracts have been signed otherwise so it is my belief that technically the copyrights to the footage belong to me not them. Am I wrong?

Thanks in advance.

Very gray area. Might be work for hire. Buyer owns the media. Talk to a lawyer.

HMMM. Not what I wanted to hear Tom! ha! The other morning I think on GMA there was a story about a wedding video that went viral about a groom drunkenly stumbling over the bride during "Danger Zone" by Kenny Loggins. The bride was suing the wedding video production company for leaking the footage. A lawyer did come on and stated that unless transfer of copyright contracts were signed they the production company do own the rights. She mentioned just like a photographer would. It is what I thought, and want, but I just want to be definitive before I go claiming things. Thanks Tom fingers crossed.

Most production contracts state whether it's work for hire. Don't know how event photographers do this.

Who's got the bigger lawyer?

You're correct in assuming that you own the rights given that there was no contractual agreement otherwise.

The company that hired you to do the project for them would ALSO be correct in assuming that all the material generated to create their video belongs to them.

Without having this spelled out ahead of time, it all boils down to who's got the more assertive lawyer (who has the deepest pockets to pay for legal battles.)

My advice is to not risk upsetting your clients by having "their" footage all-of-a-sudden show up on iStock or other stock libraries.
It's worth asking them for permission.

Then, have a lawyer incorporate language in your future contracts granting you permission to use certain types of shots for your stock footage use.

Just my 2 cents.

You used assume a lot. That's not a good sign. ;P

Stranger still there is a third party wanting to use some, they help provide support on the ground of the retreats and meetings so they are involved in some way but they don't hire me. I've told them I would allow them a few generic clips but the video they showed me was wall to wall my footage of people, faces, destinations. Then I started talking licensing and nixing all the people. Since their sizzle reel was all shot by me I'd like compensation. Now they want to go direct to our mutual clients and ask permission circumventing me and leaving me without any. I guess I'd have to relinquish if the ultimate client gives a green light?

So you shot a wedding, the location wants some (or all) of the shots, and now the location wants to go around you to get access to the footage by contacting the bride/groom? Ha, no sir.

I'd get in touch with the client you did the work with and talk to them about rights with your videos. If you send over any kind of contract to them now, at least that's the time when you can reference (and before other transactions take place). I'd also look into what your state says about work like this.

Contacts are good for you and good for the other party. I usually assume I can't sell footage to a stock site when I go shoot for a commercial. But there's that "assume" word again. I need to work up new wording that gives me the rights for footage. Unless they pay more to have exclusive rights

Do you have releases from any recognizable person in the video and releases from the property owners? You might "get away" with it but you only have to get caught once...

I was recently told of a production company getting sued because even though they were provided a picture from a client, the photographer never released the picture to that client for any other use than what he was originally contracted for. It did not include its use in a video that the production company produced.

As you can see, it can get pretty complicated. Talk to a lawyer.

Thanks everyone! Yes this is as complicated as I had hoped it wouldn't be. It's not wedding stuff and properties I know can be tricky which is bad news. I've got a closet full of amazing hotels they don't want me to show. I was thinking as far as stock goes: mostly time lapses of iconic public spaces. Not sure the demand but I've got stuff from all over I'd like to get coin for instead of just store on my NAS.
Love this site. Thanks again!

CP

.. one advice left:
Don't trust legal advice given on the internet!
(real lawyers, as real MDs, are not allowed to consult by website...)

Finally it is all about what Scott said: who has the 'bigger' lawyer?

Here, in Europe, it is different, more complicated, we don't have ©opyrights, but 'creator's rights' (you automatically have) and 'publishing rights' (your client probably has, argueing for instance, he made the pics possible by paying you the trip) ....

Plus, who cared before shooting about permissions (people, locations), you or your client?....

.... ask a lawyer.
Ask two lawyers.
:evil: