Cinema Law: Protection for Behind the Scenes Footage

by Patricia Millett | Published August 25, 2009

Welcome to “Cinema Law,” MovieMaker.com’s all-new blog where you ask the questions of our resident team of legal experts and, each week, they’ll provide the answers to your production queries. Have a burning question yourself? E-mail it to and your question may just be on next week’s blog! Cinema Law is presented as general information only and is not meant to take the place of professional legal advice.

Q: About 20 years ago, a U.S. film production had done a location shoot in Japan, and I was one of the local hired crew. Since my position allowed me to shoot photographs on set, I also videotaped the production as well—creating sort of “behind the scenes” videos. The video was never intended for commercial use, just for recording daily activities instead of writing journals on paper. U.S. crew (including producers) knew and acknowledged that I was videotaping.

A: Under U.S. copyright law, the person who creates the work (i.e. writes the story or takes the picture) legally owns the copyright unless the work was created as a work made for hire.

If a work was made for hire, the person or company who did the hiring (the employer) typically owns the copyright, unless the parties have agreed otherwise in writing. Assuming U.S. law applies, whether or not you legally own the copyright in the footage you filmed depends on the terms of your agreement with the production company that hired you.

Companies hiring people to work on set (particularly people whose jobs include taking pictures or filming) often include work for hire agreements applicable to the results and proceeds of a person’s work on the production. These are typically broad and cover all work, including behind the scenes footage. You should check your paperwork, assuming you have it going back that far in time, to see whether your contract includes a work for hire agreement.

If there is no work for hire agreement, you own the copyright and control who uses your work. That means, others cannot exploit your copyrighted work without your permission. Although a transfer of an exclusive copyright license must be in writing, a non-exclusive license need not be in writing and can be implied from the circumstances.

Your question suggests that you had to get permission from the production company to film behind the scenes footage. Depending on the circumstances, the production company could argue that they had a non-exclusive license to use your work. The right granted to the production company that hired you, however, would not extend to the un-related company making the documentary. The un-related company would need permission either from you (assuming you own the copyright) or the production company that owns your footage as a work made for hire.

Since you’re apparently willing to let the production company use your footage, you should ask for appropriate credit and attribution for your work.

Patricia Millett is a Partner at Kinsella Weitzman Iser Kump & Aldisert, a high-profile, L.A.-based entertainment litigation firm, and specializes in commercial and entertainment litigation. She has successfully represented studios, record companies, real estate developers, producers and artists in disputes involving copyrights, rights of publicity, unfair competition, business torts and contractual disputes. In the areas of motion pictures and television, Ms. Millett has advised and litigated cases on behalf of writers, directors, personal managers and motion picture studios.

The answers to legal questions provided by the lawyers of Kinsella Weitzman Iser Kump & Aldisert, LLP ("KWIKA") are for general education and information purposes only, and are not legal advice or legal opinions. The information provided in the articles is not intended to create a lawyer-client relationship between KWIKA and you. The opinions expressed in the postings are the opinions of the authors and do not reflect the opinions of KWIKA, its employees or agents.

COMMENTS | POST A COMMENT

Comment by Andrew on 8/25/09 at 1:03 pm

I don’t like the threat part on their side.  If they already see that you violated some rules, they should stop you from doing documentary for that movie from the very start.  Also, it happened 20 years ago. Within that long period of time, they didn’t do any legal move if you really violated the copyright law.

Comment by personal injury lawyer houston on 9/05/09 at 3:31 am

The production company could argue that they had a non-exclusive license to use your work.

Comment by fence design on 9/28/09 at 5:37 am

i agree with you on this, a title should give you an impression of the movie, what its all about. but soetime the titles are so confusing, like last year a new movie released called The Cell, the main part played by the actor had a cell phone with which he tried to crack the kidnapping attemp where a actress was in a cell…

Comment by MP3 player accessories on 9/29/09 at 6:15 am

so whats wrong with the title of The Cell there, i think it is really good that the makers used their brains!

Comment by História de Budapeste on 11/06/09 at 3:28 pm

The movie titles I like the best are the ones that have absolutely no connection whatsoever with the story itself. Yes, I know it is confusing but that is exactly the point. you read the title, think of something the movie could be about and then you see it and the fact that the actual story is totally different from the one you imagined makes you loose your grasp on reality. It feels a little like falling.

Comment by Phoenix Bankruptcy on 11/27/09 at 11:57 pm

The right granted to the production company that hired you.However,would not extend to the unrelated company making the documentary. The unrelated company would need permission either from you (assuming you own the copyright)or the production company that owns your footage as a work made for hire.

Comment by Andrew Davis on 2/22/10 at 4:23 pm

Yes, I totally agree that you have the full rights to own the video footage.  You’ve made it for your personal use and not for the production documentary.  So it makes sense if you decline their request for a copy of the video tape.

Comment by Online Dance School on 4/28/10 at 2:05 pm

That’s really a good point…

Comment by cam on 5/04/10 at 2:26 am

This makes a lot of sense, thanks!

Comment by mary | Como reconquistar a tu ex on 11/25/10 at 2:56 am

I know it is confusing but that is exactly the point

Comment by greg on 1/29/12 at 5:02 pm

Yes, I know it is confusing but that is exactly the point. you read the title, think of something the movie could be about and then you see it and the fact that the actual story is totally different from the one you imagined makes you loose your grasp on reality. It feels a little like falling.

Comment by Jcole - Para que sirve la sabila on 5/22/12 at 1:31 am

A location shoot on Vietnam , now thats grind’

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