Here’s a sample of our best new footage in 4K, 5K, 8K and HD added this month. All footage exclusive to Framepool. We hope you find this helpful.
When it comes to the publishing of imagery depicting property in public places, it seems that the concept of freedom of panorama might not be quite as liberating as it seems – with legal restrictions differing from country to country. Here is a brief overview of what is allowed in specific countries concerning the filming and usage of images and footage of property protected by copyright.
• The rules in the USA, the UK, Japan, Spain, the Netherlands, Germany, Austria, and Switzerland are: if a building is filmed from a public space, any usage is permissible. But be careful: restrictions might apply for pieces of art, interiors, and constructions which are not labeled as architectural works (like bridges and dams). As you can imagine, there are also plenty of restrictions for military sites.
• France, Belgium, Luxembourg, Greece, and Italy do not provide any freedom of panorama. A filming permit and authorisation of use is required for just about everything. Sometimes restrictions even apply for different points of view, as we explain here:
Blog post about “Rights and Licenses for the Eiffel Tower”.
So remember to stay informed and to plan in a little extra time for the required authorities and paperwork. Or check with us: for stock footage that’s rights cleared and ready to use.
WHAT DO FILMS WITHIN FILMS COST?
If you want your characters to watch television, say something like a sports event, then the rights to the players, team or stadium have to be cleared – if the players, team or stadium are recognizable – just as they would have to be cleared if the footage were to be shown filling the entire screen. Note:
- As all the royalties and licences for films within films have to be cleared in just the same way as footage destined for direct use in a film, the rights clearance costs are identical.
- The fees for the third party rights will depend on the individual rights holders; they may well be lower if the rights-holders prove accommodating.
- As a rule of thumb, backdrop/playback licence fees are lower when the footage takes up less than half of the screen in the film.
If you don’t need a particular scene to be recognizable to viewers, you may be able to avoid the need to clear and license third-party rights by, for example, changing the colours on team jerseys or blurring any brands which appear. But be careful with famous sporting episodes or film scenes, signature moves, audio clips, and so on – anything that is recognizable needs to be cleared, even in cases where only genuine experts could identify a scene, person etc.
We can assist you with this issue we deal with regularly and give you tips on how to reduce the royalties and licence fees payable. Simply ask your personal advisor on the Framepool team >
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 | | 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
Framepool offers over 40.000 World Heritage video clips online. Hidden places like the volcanoes of Kamtschatka, but also famous ones like the Great Wall of China, the Taj Mahal or the Hagia Sophia of Istanbul. 25.000 minimum HD and 5.500 unique and extraordinary premium aerials filmed by the best camera men and women with state of the art technology. Most of them with the possibibilty to license them exclusively as Rights Managed footage, with a spectacular and special perspective or camera movement… Go to your premium World Heritage footage supplier:
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 | | Good to know | Aerial, Europe, footage, Framepool, HD, historical Footage, Rights, Rights clearance, Rights Managed, Royalty Free, stills, Stock footage, United States of America, USA, Video | 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!
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 | 2016, 4K, 4K Ultra HD, CO2, environment, film, footage, Framepool, Green Cart, green producing, HD, Landscape, Space, Stock footage, Video | 0 Comments