How do I find out who owns the footage archive of a video production company?
Read the client contracts and crew agreements to see who owns raw footage, final edits and archives. Ask the owner to show you the terms for several recent projects. Then ask your lawyer to confirm what the company can actually transfer.
Ownership of footage is not always what it looks like. A client may own the final video while the company keeps the raw material, or the reverse. Freelance camera operators and editors may keep rights unless they signed something. Music, stock clips and archive material also come with their own conditions.
Begin by asking for the standard contract the company uses and a handful of signed copies, including the oldest and the biggest. Compare them: do they say who owns raw footage, who may reuse it and how long the company must store it? Ask for any written agreements with freelancers, and check whether the signed versions match the template.
Then look at the archive itself. Where is it stored, how is it labelled and can the company find a specific project quickly? Ask what happens when a client asks for old footage, and whether the company has ever charged for retrieval. An archive nobody can search is of limited use to a buyer. Finally, ask about people in the footage and any releases or permissions that were gathered. Your lawyer can tell you what transfers in a sale and what needs a new agreement.
Key takeaways
- Collect the standard contract and several signed copies to see who owns what.
- Check freelancer agreements, since crew may keep rights unless they signed otherwise.
- Test the archive: can the company find and deliver an old project on request?
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Sources
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- 01Business Development Bank of CanadaGovernmentHow to conduct due diligence when buying a business
- 02Business Development Bank of CanadaGovernmentWhat are the steps to buying a business?
- 03Business Development Bank of CanadaGovernmentAfter buying a business, what is the next step?
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