A movie from around 4 years ago used a video clip of my family member that they say was never posted to social media and was recorded on a camcorder (older video). They have no idea how it was taken. I saw it, it's them, and they said it was not A.I. generated either. Can they recover royalties? What's the statute of limitations, and what type of lawyer would handle it? |
Is there any evidence the movie was profitable?
How indie was it? What's your relative's connection to the auteurs of this movie? |
Wow, that’s wild. I used to do copyright clearance work. The film’s producers should’ve cleared any copyright issues, including securing copyright releases from video owners. You could reach out to the film’s producers / production company and ask if they got clearance and from whom.
Are you saying your family member took the video and they aren’t sure how the video ended up in someone else’s hands? Like maybe the camcorder was donated and the video was inadvertently donated as well? Or are you saying an unknown person took a video of your family member and your family member was unaware they were being recorded? |
Wanna rep someone? lol. Help. My relative said they remain in possession of the camcorder video and they have no idea how someone obtained it. They took the video of themselves, maybe 20 years ago I'm guessing. But, they just told me they "digitized" it a few years ago. . asking them now if they mean brought it to a store. . Can they legally sell stuff they digitize? You think SOL a problem - in Cali? And what could a settlement be like for a film that grossed lower 8 figures for using a short clip? Wild, isn't it, friend tells you that you're in a movie. |
Nope, no store was used to digitize it. |
This happened with a still photo of my grandparents, from India, on a Netflix movie. They died more than 30 years ago. No idea how it happened. |
I’m the pp above. You could reach out to an entertainment lawyer or an IP lawyer who specializes in copyright. Since you just found out about it I don’t think statute of limitations is your problem if it’s ongoing copyright infringement. I think you’re biggest challenge is figuring out from your family member how this happened.
Impossible to say if you could recover royalties or a settlement. Depends on the usage, hence why you need a lawyer to review. Could be permitted under the fair use doctrine in which case no settlement / no royalties. |