Copyright infringement
I am a local TV commercial producer. A Real
Estate builder came to me with his copy of a :30
sec. commercial they produced and wanted me to
put in a 10 sec insert over some old information.
This is fairly common in this market. I did so and
now the video company that originally produced
the spot is threatening to sue me over copyright
infringement. they are stating 17 USC Section
101 et seq. section 504(c)(2) therein.
Re: Copyright infringement
Unless the contract between builder and the original producer of the spot includes "work made for hire" language, it probably IS an infringement, and you could be liable.
Consult a lawyer. BEFORE you to anything else, get some good advice about whether to take the spot off the air, etc. (if you even have that level of control).
Have a look at your contract with the Broker (you did have a lawyer-written contract?). It should provide for indemnity against this kind of claim. If not, you're going to have to deal with the situation yoruself.
If you have Errors and Omissions Insurance... notify your carrier. They'll get you a lawyer to defend the case.
Re: Copyright infringement
Unless the contract between builder and the original producer of the spot includes "work made for hire" language, it probably IS an infringement, and you could be liable.
Consult a lawyer. BEFORE you to anything else, get some good advice about whether to take the spot off the air, etc. (if you even have that level of control).
Have a look at your contract with the Broker (you did have a lawyer-written contract?). It should provide for indemnity against this kind of claim. If not, you're going to have to deal with the situation yoruself.
If you have Errors and Omissions Insurance... notify your carrier. They'll get you a lawyer to defend the case.
Re: Copyright infringement
Unless the contract between builder and the original producer of the spot includes "work made for hire" language, it probably IS an infringement, and you could be liable.
Consult a lawyer. BEFORE you to anything else, get some good advice about whether to take the spot off the air, etc. (if you even have that level of control).
Have a look at your contract with the Broker (you did have a lawyer-written contract?). It should provide for indemnity against this kind of claim. If not, you're going to have to deal with the situation yoruself.
If you have Errors and Omissions Insurance... notify your carrier. They'll get you a lawyer to defend the case.
Re: Copyright infringement
Unless the contract between builder and the original producer of the spot includes "work made for hire" language, it probably IS an infringement, and you could be liable.
Consult a lawyer. BEFORE you to anything else, get some good advice about whether to take the spot off the air, etc. (if you even have that level of control).
Have a look at your contract with the Broker (you did have a lawyer-written contract?). It should provide for indemnity against this kind of claim. If not, you're going to have to deal with the situation yoruself.
If you have Errors and Omissions Insurance... notify your carrier. They'll get you a lawyer to defend the case.
