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It sounds from Leo Randall's blog that they took an assignment of Asylum Film's film and if this is the case, they were free to do whatever they wanted with it,
by grabeh 14y ago
It sounds from Leo Randall's blog that they took an assignment of Asylum Film's film and if this is the case, they were free to do whatever they wanted with it, including making derivative works or works substantially reproducing it.
Still, if I was Asylum, I would have definitely thought more about retaining some right of first refusal or right to tender if LR were to subsequently decide to reshoot.
Obviously hindsight is a beautiful thing though, and perhaps LR didn't want to be constrained in this way.
- colmvp 14y ago"I would have definitely thought more about retaining some right of first refusal or right to tender if LB were to subsequently decide to reshoot." I don't see why they should feel entitled to this. They got paid for their work. It'd be like a startup paying me to do their front-end, them getting funded, and then them opting to take some of the work I did and expanding upon it with perhaps a bigger and more professional team.
- grabeh 14y agoI am suggesting that a right of first refusal etc was incorporated into any agreement with LR as a result of negotiation rather than that they felt entitled to it. Clearly if they were retained to perform services with a specific scope which they subsequently complied with and got paid for, they should not be complaining that the client then did not use their work subsequently. This again assumes their was some form of assignment in place.
- objclxt 14y agoI'm pretty sure any request for right of first refusal would just be shot straight down. Bear in mind ultimately LB doesn't own the work: their client does. LB is one link in a big long outsourcing chain, which is basically how most advertising for large corporations works. You have one big agency at the top, which farms out work to smaller agencies, etc etc.
- grabeh 14y agoI'm inclined to agree, but I'm always interested to think about potential angles and negotiation ploys. Heck, maybe there wasn't even a written agreement in place!