I have a question about films rights and ownership of raw footage

Typically the production company would own the copyright in the raw footage, and in the final product as well, although your agency would have the right to use the final product, unchanged, as originally intended. In order to qualify as a work made for hire, it would have had to be produced by either an employee or an entity under a written contract which specified that it was a work made for hire.

Technically, they are correct. You need to ensure that your future contracts have the necessary "work for hire" language in the future. Try to work it out with them.

Having the copyright does not mean they can use the film without your permission, it means only they have the rights to make copies of the film. You retain all the rights you agreed to in the contact. So, I am not sue what is the real problem? Discussing with an attorney in private would provide you better guidance than we can offer here on this public forum.

If the video shot by the production company was indeed the result of your agency employee's "creative direction and authorship" then your company owns the copyright in the video. A mere technician who helps create a work but adds none of his own creativity is NOT an "author" of that work. More likely, however, your agency is a joint author because the production company quite likely added some creativity. If so then your agency is a joint owner of the copyright in the video -- in all the footage, even that which didn't make it into the final version. Disclose all the facts to your own Oregon-licensed intellectual property attorney in private to get his or her take on this authorship issue. If your agency is the sole author, and therefore sole owner, the production company has no say in what you do with the raw footage. If your agency is a joint author, and therefore joint owner of the copyright, then you both have the right [at least under copyright law] to exploit the footage subject to compensating the other joint owner a pro rata share of any profits earned. Good luck.

You received some good responses here. It seems like it will come own to how much creative expression was contributed by the production company versus your company and whether a joint ownership was created. Keep in mind, that even if the IP rights rest with the production company, which is not at all clear here, you would still receive an implied license to use the work product for all its intended purposes that cannot be frustrated by them. But as my colleague notes, in most cases and unless provide for in a written contract the underlying raw footage would belong to the creator, however, probably quite useless to them so why there is any issue about it not clear either. I suggest that you consult with a lawyer in private and discuss your objectives in more detail. The lawyer you choose to work with can be located anywhere not just in your backyard. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with. Best regards, Frank Natoli-Lapin, LLC

Next time, hire an experienced copyright attorney to prepare the contract. Unfortunatly, without the work for hire clause, the producton company owns the copyright in the raw footage. Consult with an experienced Copyright/entertainment attorney regarding your rights. Many Copyright Entertainment and IP firms, like our own offer a free initial consultation by phone, video conference, or in person if you are local. I suggest that you select a firm and request a free consultation regarding your film contracts.