Good Contracts for Video
by Michael HoffmanWednesday, April 9th, 2008
When you hire a video vendor, your contract should state that you own the material the vendor is creating. “Work for hire” is the legal term. And you should specify that you will own the copyright and that your vendor will transfer the ownership to you of anything created in the project.
What happens if you don’t do that? Well… If you are Wal-Mart, you get really screwed.
Check this out, from the Kansas City Star:
Wal-Mart’s internal meetings are on display in three decades worth of videos made by a Kansas production company scrambling to stay in business after Wal-Mart stopped using the firm.
Wal-Mart Stores Inc. dropped longtime contractor Flagler Productions in 2006. In response to losing its biggest customer, the small company has opened its archive, for a fee, to researchers who include plaintiffs’ lawyers and union critics seeking clips of unguarded moments at the world’s largest retailer.
Those moments never meant for public display include a scene of male managers parading in drag at an executive meeting, a clip used by union-backed critics at Wal-Mart Watch for a recent advertisement castigating the retailer’s attitude toward female employees.
“The videos provide insight into the company’s real corporate culture when they’re not in the public eye,” Wal-Mart Watch spokeswoman Stacie Lock Temple said Tuesday.
Much of the interest in the candid videos is coming from plaintiff lawyers pursuing cases against Wal-Mart.
“The rarity is that it exists at all,” said Brad Seligman, lead attorney in a massive class-action lawsuit that alleges Wal-Mart discriminated systemically against female employees.
“Once in a while you come upon documents that are helpful in a case,” the Berkeley, Calif.-based lawyer added. “What’s amazing about this is that this company has a video record going back many years showing senior management in at times fairly candid situations.”
…
“Needless to say, we did not pay Flagler Productions to tape internal meetings with this aftermarket in mind,” Wal-Mart spokeswoman Daphne Moore said.She declined to comment on any legal steps the company might be considering.
Flagler says Wal-Mart has no legal power over the videos because the two sides did not sign a contract when founder Mike Flagler was hired in the 1970s to produce Wal-Mart meetings and management conferences.
Hat Tip [Daily Kos]







April 9th, 2008 at 7:41 pm
Oh, this story gets even better. The Wall Street Journal reports that Hillary Clinton, a Wal-Mart board member for 6 years is in some of the tape:
“There is footage in the archive of Mrs. Clinton joining Mr. Walton, Wal-Mart’s founder, on a stage at the 1991 opening of a store in Rogers, Ark. “I’m so proud of this company and everything it represents,” Mrs. Clinton said. “It makes me feel real good about what we’ve been able to do.”
May 30th, 2008 at 1:19 pm
[…] Good Contracts for VideoWhen you hire a video vendor, your contract should state that you own the material the vendor is creating. “Work for hire” is the legal term. And you should specify that you will own the copyright and that your vendor will transfer the …See What's Out There - http://blog.see3.net […]
May 30th, 2008 at 1:19 pm
[…] Good Contracts for VideoWhen you hire a video vendor, your contract should state that you own the material the vendor is creating. “Work for hire” is the legal term. And you should specify that you will own the copyright and that your vendor will transfer the …See What's Out There - http://blog.see3.net […]