Due to some backdoor bandit locking the last forum just as it started to touch upon an important issue, I've decided to start it anew with the appropriate subject.

In reply to Nekura's post:

Just because I agree to wrestle a show, doesn't mean OR imply that I have agreed to allow my person/work to be distributed in any other medium (under the applicable laws etc of copyright). 'You saw the camera's' doesn't cut it. You must have expressed recorded permission (either on form or other media) to be allowed to distribute it for profit (or for any means not permitted 'Fair Use' in the 1988 act)

I have signed no waiver, nor verbally agreed to allow my footage to be distributed nor has anyone stipulated to me (as it would have to be recorded anyway to be legal) verbally that I am obliged to allow use of said footage (I haven't even signed an insurance form with EWC yet). Therefore should you do so, you would be in breach of Copyright.

I personally don't give a damn anyway, but if I were you I would do things fully from the begining. Get EVERYONE on the show to agree on camera or paper to your/EWC's terms, write up a 'contract' or whatever, then there will be no aggro.

Its a very gray market, but then again it does come under the copyright banner, as the copyright would automatically belong to the person who shot the footage, nothing to do with the artists it captures.

As for distributing a performers work, if you were booked on a show and no agreement was signed, then there is nothing you can do about it.

You have a good point though and we are looking at our contracts further and adding this into it. Its only fair that a performer understands and agrees to the show being filmed and distributed in what ever form the promoter deems suitable. The same could be said with faces on posters, tickets, flyers and websites.

A good topic, that i hope does not end up in a argument once again....

Gary

If you filmed it or not, the copyright of the wrestling does not belong to you. Your individual film does, yes. But not the wrestling/charecters or actions portreyed within, and therefore that would leave you in trouble should you try to sell it.

By your statement, I would be allowed to take a video camera to a WWE event, video it, then sell it for profit. Or even into a cinema, video it and sell it. You can't. Because what you have recorded, isn't your intelectual/physical property. Filming something without someones permission does not make that footage your property. The film its on, yes. But not the contents.

An interesting topic and one I tend to agree with Kray on. Performers need to agree for their image to be ditributed by the promoter in writing; it's simply a matter of the promoter stating what they are hiring the worker for. Assumptions are a problem.

As a worker, I am hired to perform on a show. Anything beyond that needs to be agreed beforehand. That includes filming the show for distribution for profit, and any costs that would come off that (revenue for the performer from the videos), likewise the posters, flyers and whatever.

On the flipside, a performer really should be more than willing to get their name out there however, as exposure equals more bookings if the work is good; but again, this does need to be agreed beforehand, and in writing preferably.

I'm sure Stam could help us out here, but I suppose if someone got shirty about it and complained that their image was being used without agreement, then their image would have to be removed from the distributed media, whatever form that took, or they leave themselves in an actionable position legally.

Hence - get EVERYTHING in writing!!!

Majik

If you filmed it or not, the copyright of the wrestling does not belong to you. Your individual film does, yes. But not the wrestling/charecters or actions portreyed within, and therefore that would leave you in trouble should you try to sell it.

By your statement, I would be allowed to take a video camera to a WWE event, video it, then sell it for profit. Or even into a cinema, video it and sell it. You can't. Because what you have recorded, isn't your intelectual/physical property. Filming something without someones permission does not make that footage your property. The film its on, yes. But not the contents.

The WWE do not allow filming or distribution of photo's from thier shows thats part of the terms of purchasing a ticket. Like wise I dont allow any one with a camcorder to film our events, we only have our own. if you check the law, the copyright is owned by the person who owns the tape. Why do you think the newspaper and news crews and shoot celebs, when they would rather not be. The photographer owns the image and therefor owns the copyright. One of my mates is studying media law, this is where I got my info from.

But again, its only fair a promoter and wrestler agree on the filming. Personally, I would not book a wrestler if he was going to be arsey about a video. If the video was selling in the 1000's then the wrestler could ask for a higher fee, but I would never divulge what profit or income I make or loose on a show/video/merchandise, and no way a deal of profit would be made. It would all be down to the final fee agreed between wrestler and promoter. That way everyone is happy.

Gary

At the end of the day, why make a fuss about getting "your share" of the "profits from the video" when they probably wouldn't even buy you your average daily paper... come on, people.