by JOHN LONGENECKER - 800 470-4602
What was the University of Sourthern California USC Cinema Copyright Policy in 2005?
In Summary:
• The University of Southern California (claims it) owns the copyright to any film or video made at the School of Cinema-Television and has the right to make copies of it. That is the copyright - the right to make copies.CAN I PUT MY FILM ON THE INTERNET?• You, the student, cannot sell the film, put it on the internet, distribute it or publicly exhibit it in any way. Only USC, as the owner of the copyright, can do that. The Office of Festivals and Distribution works with students to find the widest audience possible for their films and videos.
• You, the student, retain ownership of the underlying intellectual property rights and can develop the ideas from your film or video into feature films, sitcoms, game shows, hand puppets, interactive videos or anything else you can imagine. The University has no ownership or interest in these properties.
The short answer is "no." You cannot put your film on the ‘net -- or distribute it in any way -- only the Office of Festivals and Distribution can do that. The Internet (personal websites, online film festivals and free exposure providers) is considered commercial distribution."THE SCHOOL OF CINEMA-TELEVISION COPYRIGHT POLICY"
-- a password protected student or faculty only .pdf file
that can be found at http://cntvcommunity.usc.edu under "Production Documents"
A complete and detailed explanation of the USC Cinema copyright policy as it applies to student work.
JL Comment
USC states: You, the student, retain ownership of the Underlying intellectual property rights and can develop the ideas from your film or video into feature films, sitcoms, game shows, hand puppets, interactive videos or anything else you can imagine. The University has no ownership or interest in these properties.Underlying intellectual property rights
Well, you ought to learn all you can about U.S. Copyright Law |
What are "underlying intellectual property rights"?
How about your original story?
Your original treatment?
Your original screenplay?
Typically that's where "an original work of authorship" starts: a written work.
Well, how do you protect your rights in and to a written
work?
Note - if someone seeks to convince you that you do not
need to protect your rights in and to your original works, that you do
not need to register your work with the U.S.
Copyright Office -- delete that guy's name from your Rolodex.
A Quick Note: As I understand
U.S.
Copyright Law you ought to register your original story, original treatment
or screenplay with the U.S.
Copyright Office first -- before you make a short film. Then the short
film is a "derivative work," a "version" of your underlying intellectual
property, your written story. If you wait, and the first work that is registered
for copyright is the completed movie, then the story and screenplay can
no longer be separated out and are absorbed into the copyright of the copyrighted
motion picture. Then, as USC stated "feature films, sitcoms, game shows,
hand puppets, interactive videos or anything else you can imagine" are
"versions" -- "derivative works" based upon the completed short film and
not your original story. USC Cinema at least ought to clear that up. Just
learn for yourself all you can about U.S.
Copyright Law |
Imagine if Walt Disney attended classes at USC Cinema
Arts and drew a
mouse for an animated short film -- would USC now own Disneyland? And
what if George Lucas not only made the short film THX
1138:4EB at USC but also a short film with a character named Han
Solo in a story set a long time ago in a galaxy far, far away -- would
USC own Star Wars? Amazing! At least Elizabeth Daley figured that one out
about
underlying intellectual property rights on
Copyright Day in August 1999 |
U.S. Copyright Law |
That's where to go for answers.
Your written work is "an original work of authorship."
You are the author. Thus, you are the copyright owner.
If you can, seek to be the sole author of "an original work of authorship."
If you collaborate with another writer, that is a "joint work."
Seek to avoid a "joint work" as a first step.
Seek to be the sole author of "an original work of authorship."
Then, as the author and copyright owner of that "original work of authorship," you have the right to prepare -- and to authorize others to prepare -- "derivative works."
If you are the sole author of "an original work of authorship" here is your first step:
FIRST STEP
Send your "original work of authorship" off to the
U.S.
Copyright Office in Washington D.C. and "register" your work for copyright.
NEXT STEPS
After your "original work of authorship" is registered
at the U.S. Copyright
Office -- then show your work to others.
DERIVATIVE WORKS
Let's say you are the sole author and copyright owner of an original story for a short film. You have registered the work at the U.S. Copyright Office in Washington D.C. naming you as sole author and sole copyright claimant.
What's next?
1. a screenplay version
of your story
2. a motion picture version
of your story
A motion picture is simply a "version" of your "original work of authorship."
A motion picture version of your story is a "derivative work."
Let's get right to the point:
Why should a film school be the "copyright" owner of a "version" of your "original work of authorship."
You ought to seek to retain all of the rights in any derivative work, based upon your "original work of authorship."
You ought to seek to be the "copyright owner" of a short film based upon your "original work of authorship" your original story.
You may be willing to elect to enter into an agreement to "license" your rights to a film school office that works to send student films off to film festivals and seeks to market and distribute student films.
see: USC Office of Festivals and Distributions |You ought NOT "transfer" your rights in and to your original work to a film school.
Office of Festivals and Distribution
Carson Television Center, Room G132
(213) 740-4432
Sandrine Cassidy -- Cassidy@cinema.usc.edu |
Bonnie Chi -- Bonniechi@cinema.usc.edu |
Allison Melanson -- Allisonm@cinema.usc.edu |
You ought NOT even think about a "transfer" of your rights in and to your original work to a film school or to anyone else or any other company.
You ought to learn all you can about a "license" agreement with respect to your copyrighted works.
You ought to learn all you can about U.S. Copyright Law with respect to your original works.
U.S.
Copyright Law |
Read it. Study it. Learn it. Know it. Know a lot about
U.S.
Copyright Law |
If you know U.S.
Copyright Law it will help you.
Learn about U.S. Copyright Law.
It's all available on the Internet. U.S. Copyright Law is clear.
Copyright was provided for in The Constitution of the United States.
Article I: The Legislative Branch - Section 8 - Clause 8The U.S. Constitution provides for authors
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
The U.S. Constitution does not mention film schools
The U.S. Constitution does not mention USC Cinematic Arts
The U.S. Constitution does not mention the University of Southern California
The U.S. Constitution does not mention the University's facilities, funds, resources and supplies.
The U.S. Constitution does not mention 16mm cameras - video editing equipment - film school facilities and none such are mentioned in U.S. Copyright Law.
"Authors" are mentioned
in U.S. Copyright Law.
"Authors" are mentioned
in The
Constitution of the United States.
"Original work of authorship"
are mentioned in U.S.
Copyright Law |
USC Cinematic Arts
"Transfer" of rights
is provided for in U.S.
Copyright Law |
Thus, a "transfer" of
your rights in and to you work is provided for in U.S.
Copyright Law |
USC Cinematic Arts
A "work for hire" is
mentioned in the U.S.
Copyright Law |
Here is the attempted trick at USC Cinema Arts: a
"work for hire."
Here is the attempted trick at USC Cinema Arts: a
"work for hire" agreement document.
Here is the attempted trick at USC Cinema Arts: a
"transfer" agreement document.
Here is the attempted trick at USC Cinema Arts: a
"transfer" agreement document that you sign.
A "work for hire"
Let's say you are a motion picture producer.
Let's say you hire a writer to write a "screenplay"
based upon your "original story."
Now, that's a "work for hire."
As Producer, the guy who "hired" the writer, you become
the "author" of the screenplay as provided in U.S.
Copyright Law because your hired some guy to write it and you paid
him to write a screenplay based upon your story.
If you make a movie, your entire cast and crew are governed by a "work for hire." They get employed by you. They get paid by you. They sign deal memos.
USC Cinema is not an employer.
As a filmmaker the short film you create is not a
"work for hire."
A "work for hire" is governed by U.S. Copyright Law |
A film school ought not grab all the rights to your "original work of authorship."
A film school ought not grab all the rights to your "original work of authorship" by claiming your movie is a "work for hire."
A film school ought not grab all the rights to your "original work of authorship" by claiming your movie is a "work for hire" in an agreement document you are forced to sign.
USC Cinema Signed Agreement
Documents |
A film school will get you to sign an agreement document
that deems that the movie you are about to make based upon your "original
work of authorship" is for you a "work for hire."
That movie you make is NOT a "work for hire."
That movie you make only becomes a "work for hire" because you sign an agreement document that says that movie is a work for hire.
Transfer of your rights
And as if the "work for hire" trick was not enough,
the agreement document you sign goes on to "transfer" all of your rights
in and to your "derivative work," the movie based upon your "original work
of authorship" to the film school.
That is not right. That ought to stop.
Copyright Day: August 1999
|
Elizabeth Daley, the Dean of the School of Cinema-Television
met with Cornelius Sullivan, Vice Provost and Senior Vice President for
Academic Affairs for the University of Southern California in August of
1999 to discuss and clarify the University's position regarding ownership
of student films and videos. Attorneys were in attendance to provide legal
counsel. The task was to find a way to exempt the
underlying rights in student films and videos without impacting
other intellectual properties developed at the University.
It was determined that: since all student films and
videos begin with a script; and that since section 2.1 (c) states: The
University acknowledges students’ ownership of works created in the course
of their education, such as dissertations, papers and articles -- and that
a script is essentially like a dissertation, paper or article; and that
since the writing of a script at most requires the use of a word processor,
which is hardly significant use of University facilities, funds, resources
and supplies; the student would retain ownership of the underlying intellectual
property rights of any film or video made as a part of their coursework
at the School of Cinema-Television.
USC Cinematic Arts
will only own the copyright to your movie because
you gave away your rights to your movie in a written
document.
The only reason USC Cinematic Arts will own the copyright to your movie is because you gave away your rights to them in a written document you signed.
Copyright ownership by a film school to your movie has nothing to do with film cameras - editing equipment - film stock - production facilities.
Copyright ownership by a film school to your movie has nothing to do with your making extensive use of the University's facilities, funds, resources and supplies.
Copyright ownership by a film school to your movie is achieved only because you gave away your rights in a written document that you signed.
Copyright ownership by a film school to your movie is achieved only because you gave away your rights in a written document that you are forced to sign to continue at USC Cinema.
THAT IS THE TOPIC OF THIS WEBSITE
I hope that someone is interested in U.S.
Copyright Law, retaining the rights to your "original work of authorship"
and not transferring your intellectual property rights to a film school.
