Copyright and Child Protection when videoing

[IKnowNothing]

I've been asked to video some services for a local church however I'm not sure where I stand on copyright and child protection.

Firstly - who will hold the copyright of the finished DVD?

Secondly - Do I need licences for any music they play (live or recorded) to sing to?

Lastly - Do I actually need parental consent for any children who appear in the video?
Given that a church is "public" (ie anyone can just walk in) am I OK with putting up signs warning people that videoing is in progress and they may be filmed.

I'm in the UK and I'm looking for minimum requirements rather than best practice as I have best practice coming out my ears but no-one seems to know where required ends and "nice to have starts"

Thanks in advance

[guns1inger]

If you are working for them, even on a voluntary basis, and don't come to another arrangement, they will hold copyright. A cameraman or director does not hold copyright over a movie they make for a studio.

As for the rest, I suspect it rests in part on the purpose of the video.

If it is for private archives, then the answer is probably no in both cases.

If the video is for sale or public display, the answer is

a) some form of royalty payment may have to be made for music used, however if the music is out of copyright or public domain (most classical music, hymns etc) and the performers are associated with the church then you are probably clear.

b) If it is public access and signs are posted, I suspect you have no further duty to anyone wandering into shot. if however you feature anyone in particular things may be different.

[dLee]

If you are working for them, even on a voluntary basis, and don't come to another arrangement, they will hold copyright. A cameraman or director does not hold copyright over a movie they make for a studio.

I can't comment on the law in the UK or Australia, but US law is different.

If you are an employee working within the scope of your employment, your employer owns the copyright.

If you are a volunteer, you own the copyright of your work.

If you are an independent contractor (freelancer), you own the copyright of your work unless you agree in writing that you are creating a work made for hire.

A feature film typically employs many creators of copyrightable work. Any one of them could deny permission to copy their work. Producers avoid this potential problem by hiring the creators as employees or work for hire contractors.

[fairysdad]

I've been asked to video some services for a local church however I'm not sure where I stand on copyright and child protection.

Firstly - who will hold the copyright of the finished DVD?

Secondly - Do I need licences for any music they play (live or recorded) to sing to?

Lastly - Do I actually need parental consent for any children who appear in the video?
Given that a church is "public" (ie anyone can just walk in) am I OK with putting up signs warning people that videoing is in progress and they may be filmed.

I'm in the UK and I'm looking for minimum requirements rather than best practice as I have best practice coming out my ears but no-one seems to know where required ends and "nice to have starts"

Thanks in advance

I think it mostly depends on what purpose the video is for. While I don't know the specific answer to the first question, I'd say that as you have been asked to do it for the church, the church will hold the copyright on it (and for reasons I'm coming to, it's probably best this way).

For the second question, it depends on the church's CCL licence, so you might need to ask whoever administers that - probably start with the minister/vicar who should be able to direct you to the person concerned. It's not just the CCL licence that applies but off the top of my head I can't think of which licence that it is, but it depends on the audio - live music I'm sure it is the CCL (unless it's public domain music, ie an unarranged version of an old hymn) whereas any recorded music comes under the PRS licence (both of which a church should hold). Again, it depends on what the video is to be used for (the info supplied by CCL when they adminster church copyright licences gives this info).

For the third question, I'm afraid it once again depends on what the video is to be used for. You will need to contact the person involved with safeguarding at the church (again, start with the minister and he should direct you to the right person if it's not him/her). In my church, all the kids have already got parental permission to appear in photographs and videos taken at our church so we don't need to worry about it (except one who we can't film but as we're only a small church it's not that difficult).

Putting a notice on the door is good practice, especially as you may get adults who don't want to be in the video.

I suggested that it's best if the church 'owns' the video - I suggest this because (but as I'm not a lawyer I don't know!) in my opinion, if the video was 'owned' by you, the licences and permissions for songs and people to be in the video need to be acquired by you whereas the church already has them covered.

[hech54]

Much ado about nothing. We are talking about a little church video that 100 people will see, 50 people will sit through in it's entirety, 20 people will pay attention to, and 5 people will will try to pick out and name people(kids) or songs while viewing....and nobody will be looking at for the sole purpose of spotting copyright or parental consent infringements/issues.