About Susanne Lehnert
Posts by Susanne Lehnert:
Sometimes we receive requests that illuminate the everyday life of our Rights clearance department: Recently we received the question of whether the footprint of the first man on the moon would require clearance of the personality rights of Neil Armstrong, and if they need to obtain third party rights of the shoe sole manufacturer.
We luckily could put their mind at ease.
In another case, a customer wanted to be absolutely assured that their usage of a shot does not infringe against any personality rights of the being depicted: it was a tree.
Of course, prevention is better than cure, and we are happy to answer all your questions. In these cases, clearance is not necessary, but there is the possibility of an “indemnification fee” for cases that are not quite as clear: Framepool carries any risks and covers against rights infringement.
Death in Venice
The right to privacy – any person has the right of being protected in regard to name, image, and likeliness. Third party rights of people being depicted in video images or photographs have to be cleared before any usage, in addition to the copyright of an image. Prevailing legal norms of the country in which the person resides dictate any possible usage in regard to personal rights, but not the legal position of the country in which a publication is intended and as we find it with copyright laws. However, what would the legal situation be after a person has passed away?
Well, that depends on where and when a person died:
Where? Regulations act in accordance with the country in which the deceased spent most of his/her recent life, however this might not be the persons nationality or registered residence.
When? Almost every country appoints different terms when it comes to the period of time, in which relatives of a deceased person have the right to and may agree to a publication. In Germany, the time span is set at just 10 years, while successors in Spain can intervene for up to 80 years after the death of a person. In contrast, England, France, and Japan do not offer any protection in regard to postmortem personal rights for the publication of imagery. The USA leaves posthumous rights of publicity at state level – New York does not recognize any rights, while California law provides 70 years, and Indiana even 100 years of protection after a persons death.
Now, what if somebody lives and dies in Venice? As often found in the typical world of law, there is no definite answer. In theory Italy, as well as Russia, have not yet set any specific time limit for postmortem personal rights. However depending on the usage of the imagery and complexity, there are many ways to make it happen and to receive third party rights clearance without extensive roadblocks.
We are here to help.
Susanne Lehnert | | Contributor Corner, Legal Matters | Copyright, England, France, Germany, Italy, Japan, New York City, Personality rights, Right of publicity, Rights, Rights clearance, Russia, Spain, Still, Third party rights, United States of America, Video | 0 Comments
This question, addressed to Footage “Guru” Jim Pickerel, is of high importance not only to filmmakers, but also to producers looking for exclusive footage material to be used in ambitious projects. On his web portal selling-stock.com, Pickerel recently released a list of the top 10 international stock footage agencies.
Notably, 3 of the 10 named companies do not include footage from other producers in their archive: AP (The Associated Press), ITN (Independent Television News) and INA (Institut national de l’audiovisuel) promote only their own content and news footage.
3 more companies do not offer exclusive rights managed material:
Shutterstock, Videoblocks and Pond5 market only Royalty Free footage, meaning the same clips may be used anytime by anybody else and for any other project.
Whether filmmaker or footage buyer – whoever needs to set setting a standard for exclusivity, legal certainty, service, and quality, is dealing with a smaller range of agencies worldwide. After Corbis was sold in May, theses are the 4 biggest stock footage companies:
|Getty Images||Framepool||Wazee Digital||Dissolve|
|Head Office||USA: Seattle, WA||EU: Munich, GER||USA: Denver, CO||CAN: Calgary|
|Court of Jurisdiction||New York
(Arbitration in 6 nations)
|AMER: New York
|Established / Staff||1995 / ~ 1.600||2001 / 43||2003 / ~ 100||2013 / < 50|
|RM Clips||> 1,5 million||> 700.000||> 350.000||> 160.000|
|Clips total||> 2,6 million||~ 800.000||n.a.||> 1 million|
|Still Photos / licensable stills||
🔵 / 🔴
|🔴 / 🔵||🔴 / 🔴||🔵 / 🔴|
|Offline Research internal / external sources||🔵 / 🔵||🔵 / 🔵||🔵 / 🔵||🔵 / n.a.|
|Rights Clearance internal / external clips||🔵 / n.a.||🔵 / 🔵||🔵 / n.a.||🔵 / 🔴|
To speak plainly:
Framepool’s portfolio of Rights Managed footage is about to be the second largest worldwide and in Europe we are the number one by far.
Compared with our competitors, Framepool offers:
- the biggest share on Rights Managed footage, with approx. 90 % of the total holdings.
- depending on location, the option of concluding a license agreement in Europe or in the US thus providing legal certainty with intercontinental concerns.
- the possibility for individual film shoots by over 800 cinematographers worldwide, as addition to research at external sources
- extensive know-how on media legislation and clearance of footage material from other resources, such as fYouTube or Vimeo, as well as rights negotiations with celebrities , etc.
- the biggest footage supply of Unesco World Cultural Heritage Sites, including close to 6,000 aerial shots.
- a vast category of historic footage material (60% of this is available in HD), curated by historians.
Susanne Lehnert | | Contributor Corner | Aerial, Corbis, Dissolve, Europe, footage, Framepool, Getty Images, HD, historical Footage, Rights, Rights clearance, Rights Managed, Royalty Free, stills, Stock footage, United States of America, USA, Video, Wazee Digital | 0 Comments
30 MILLION US DOLLARS COMPENSATION …
… have been claimed by soccer star Pelé for violation of his personality rights in a Samsung ad, which, oddly, he is not even seen in . However, the claim is legitimate! As we previously reported (see > here), all personal rights need to be cleared, even if a double is used or if a typical symbolic action is reproduced (in Pelé’s case: his famous side scissors kick).
Clearing all rights for any possible usage in any corner of the world is a very challenging task, and therefore seldom offered by footage companies. Many exclude responsibility for personal and other third party rights in their contracts and GTCs.
This means that footage buyers might have to clear third party rights themselves and consequently bear any liability for the usage. Depending on the country or even the continent and its corresponding jurisdiction, lawsuits can quickly become very unpleasant and costly..
Whether or not the high sum of Pelé’s claim for damages is justified, has to be determined by the courts. But one thing is certain: Samsung and the advertising agency could have prevented high costs, extra efforts, loss of not only reputation but most likely some of their employees, had they thought about rights clearance right from the start.
Within the 15 years since founding Framepool, we have always made a point of clearing all necessary usage rights, or of backing the footage usage with an indemnification insurance. We are proud to say, that this insurance has never gone into action and that we have continuously been able to protect our clients and filmmakers from legal claims. An effort we plan to carry on in the future.
Susanne Lehnert | | Legal Matters | Copyright, footage, Framepool, Personality rights, Right of publicity, Rights, Rights clearance, Rights Managed, Royalty Free, Still, Third party rights, Video | 0 Comments
You got THE idea for your new project. You need a testimonial, maybe from a celebrity – but stars are very expensive these days and picky to boot. So the thought of simulating a scene can be very tempting.
It sounds simple: dark glasses, a sharp hat and some smooth moves – and you already have “Michael” dancing through your project. Blond curls, sexy halter top dress, a wind machine and we have a “Marilyn”. Want to create the “Godfather” making an offer no one can refuse? All you need is to find the right smoky voice.
Quite a pity then that none of this is allowed. Well, the copying actually is, but not any usage or publication within your production. This is because the laws of personality rights do not only protect any original image, film and video shots of a person, but also simulated scenes, which contain deliberate recognition of a person. The protection applies to imagery of people and celebrities who are alive, but also in many cases to those who are dead.
For example, you are not allowed to use either Marilyn Monroe herself or her double as a testimonial, because re-enactment of popular scenes falls under the same copyright protection as the original scene. The same goes for words (e.g. speeches) and other imitations. All usages have to be cleared by the copyright owners prior to any implementation to a secondary production.
You will be on the safe side, if you contact us in the early stages when bringing your ideas to life. We are here for you to provide knowledgeable support and clearance service!
Susanne Lehnert | | Contributor Corner, General, Legal Matters | archival film, Copyright, Personality rights, Right of publicity, Rights, Rights clearance, Still, stills, Third party rights, Video | 0 Comments
This Earth Day, we want the whole world to love Earth even harder.
Using stock footage helps save the environment a vast amount of CO2. And you don’t have to cut back on quality. We have the whole world available from Film, HD to 4K. So you can see Mother Nature like you’ve never seen her before.
Splendidly stage-managed by the agency McKinney, with sexy footage from Framepool:
Susanne Lehnert | | Good to know, Nature films, Press Area | 2016, 4K, 4K Ultra HD, CO2, environment, film, footage, Framepool, Green Cart, green producing, HD, Landscape, showreel, Space, Stock footage, Video | 0 Comments
The film world is a world of colour – at least since the middle of the last century.
Most stock footage archives offer you a footage search with black & white keywords only. Needless to say, that this complicates the path from your creative idea to the perfect shot.
At Framepool however, patterns and colour contained in an image can now widen the circle where just words reach their limits.
Our new Visual Search for footage extends search capabilities within the Framepool webshop significantly. Find and sort our shots by colour and other visual information and discover similar footage by using a reference image – either from our archive or your own collection. The purely visual structure of a shot can now be used to conduct a more sophisticated conceptual search. Of course, the visual search also works for stills, our new function for still images licensing.
Try for yourself – it’s easy!
To search for shots with a similar tone, click on the “choose a colour” link in your left-hand search filters and choose one (or more) colours from the colour palette.
Find videos that are visually similar to another Framepool clipshot by clicking on the “similar shot” icon.
The motif of the reference shot is then matched with shots of a similar image structure and matching keywords.
Additionally, keyword significance can be increased or decreased.
If you have a picture with just the type of motif you’re looking for in your next video project, you can just drag and drop your inspiration image into the upload panel of our visual search tool or upload it by selecting a file from your local device.
*This option is available to registered users only. Sign up here for a free account!
Framepool.com now offers licensing of still images from its video clip collection
Video technology and photography are constantly changing. Today, modern cameras all record high-definition video and the standard in professional video production is 4K. So if you’re looking to use stills for large format printing there’s now a whole new pool of images for you to tap into!
You can safely print borderless A4 or US Letter size, at 300 dpi, from 4K stills.
And even get high resolution poster prints from 6-8K stills.
Consistent look for your content mix – static and moving
This is especially interesting for overlapping media projects. Choose your still image for a print ad and have a perfectly matching video clip available for other digital content applications, or vice versa.
Get the best image quality for rare motifs
Contrary to the often similar imagery of other photo stock agencies, Framepool features rare shots of subjects and events, otherwise not available as photos.
The original historic footage material is scanned to highest resolution HD or 2K, a quality which you won’t find with conventional photo archives. And if the material is available on 35mm film negative, we can provide you with footage and images in stunning 4K! Contemporary film material of course is readily available in 4K which allows trouble-free high res printing in 300 dpi.
Another improvement in the making: Our webshop will soon feature first film clips in 8K.
You choose the perfect moment
Having the choice of at least 24 frames per second will enable you to choose the picture perfect moment as well as interesting sequences or stroboscopic effects. Features, that are appreciated by your creative team.
Save on licensing
Framepool rates for single stills start at USD 50. Any additional required license for a video may be acquired later at any time, which will help you considerably when budgeting your production.
With our Easy Licenses (covering the most frequently requested license scenarios) for still images and videos you are set to download your fully licensed photo in just a few clicks.
Pay only what you need – If you’re project requires specific licensing, you can use our detailed license calculator for custom pricing.
Revel in a truly great selection
Featuring stock footage material of over 750,000 videos with thousands of subjects, Framepool offers more then 6,000 hours of footage material online. Counting at least 24 licensable frames per second, this stands for a massive pool of fresh and unique still images.
Switch from the Video tab to the Stills tab.
Click on an image to choose one or more of its keyframes to license as still images.
This means we provide you with a still image for every single second of the shot.
And no worries if your desired image might be located just inbetween two selected keyframes – we always deliver all 24 frames of the respective second within the film (half a second before and after your selection will be included in the download).
You can license your images directly or collect them in a project to share with colleagues, to request a specific quote or to save as part of a larger research.
To what extent do publications bear a legal risk, if people are depicted in an image accidentally? A common rule is: if individuals in public places are only a circumstantial part of an image, are interchangeable, and not the focus of the image, the personality rights of those people may not need to be cleared for many image uses.
The rule is different if specific individuals are, for example, singled out of a gathering of people. In such a case, we identify such a footage clip on our website with an indicator. The clip still can be used for a variety of projects, but if unsure, Framepool can help with estimating the risks or by taking over the liability against an indemnification fee.
Please do not hesitate to contact us with your questions.