Things to keep in mind when using free stock footage sites

[licmarianolopez]

Hi! I have a legal question.
I do video editing.

Let’s give an example: A buyer comes and asks me to edit a video with different videos of which he does not have the rights to use it. Can something happen to me or him?

I think that he wil be responsible. But I have doubts.

Let’s give an example of a page that provides free stock footage.

That page is called pexel.com
If you read in the terms and conditions, you will see this:

https://www.pexels.com/terms-of-service/

“all content made available for download on this service can be used for free for personal and / or commercial purposes SUBJECT TO SOME LIMITATIONS as set out in these terms.”
The scroll down to 5.4 CCO License 2nd paragraph, states:
"Therefore, depending on the intended use of the CC0 Content (in particular commercial purposes), in the case of the depiction of identifiable people, logos, trademark or copyrightable work depicted in the CC0 Content, you therefore may still need the permission or consent from third parties. "

This means that for commercial use, unauthorized use of recognizable faces is not allowed.

They do not provide you with signed authorization of the models, which means that it is potentially risky to use those images in a commercial video.

I understand well?

Now, the question is this:

Could I be issue as an editor (seller)? Or just the buyer?

As a professional I always warn my buyers about this. But if anyone knows about law, I would love to know if I am correct.
Thanks, greetings

[blavaro]

You may not get correct answer here on Forum…

I guess there are not so many copyright law qualified Users to answer your question.

However, it is important to understand following out of Ownership clause of ToS:

When purchasing a Gig on Fiverr, unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein.

That said, you grant Buyer all intellectual property to delivered work and Buyer can do anything they want with it.

I find just one way out of it at the moment. It could be a mandatory requirement asking Buyer to confirm that they own valid personal and commercial license including permission or consent from third parties if applicable for all provided assets.

[visualstudios]

You are responsible for the copyright of all assets you provide. You are not responsible for the copyright on the clients files.

If I was responsible for their files, if some client wants me to edit their holiday footage to some radio pop track, I would have to refuse, since there’s no way he has the rights to it.

Or if a client sent me their footage for me to edit, but then after I deliver I find they didn’t pay the videographer for the shooting, therefore don’t own the footage they sent me? I’m infringing the videographer’s copyright, then. And it’s impossible to know.

Or, more simply, what if I client sends me their logo to use on a video, and it just so happens they copied someone else’s logo, thereby infringing copyright? How can I know, unless I happen to know the logo?

I can’t be held responsible for that. It’s literally impossible for me to check the copyright of every single piece of media I get from clients.

So, I can’t get files from pexel and sell that to the client. However, if the client sends me files from pexel for me to edit with, it’s not my responsibility. I don’t even know where the files came from. And I’m just providing an editing service. If the client then uses it for comercial services, that’s his responsibility, not mine.

“the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein.”

He gets all the intellectual property rights to my work, and I waive any rights. He’s buying my work, and he does get the right to it. If he sends me media he does not own, that has nothing to do with “my work”, which is what he’s buying. I’m not selling him the footage he sent me, I’m selling him the work I do on top of that.

[licmarianolopez]

You are responsible for the copyright of all assets you provide. You are not responsible for the copyright on the clients files.

If I was responsible for their files, if some client wants me to edit their holiday footage to some radio pop track, I would have to refuse, since there’s no way he has the rights to it.

Or if a client sent me their footage for me to edit, but then after I deliver I find they didn’t pay the videographer for the shooting, therefore don’t own the footage they sent me? I’m infringing the videographer’s copyright, then. And it’s impossible to know.

Or, more simply, what if I client sends me their logo to use on a video, and it just so happens they copied someone else’s logo, thereby infringing copyright? How can I know, unless I happen to know the logo?

I can’t be held responsible for that. It’s literally impossible for me to check the copyright of every single piece of media I get from clients.

So, I can’t get files from pexel and sell that to the client. However, if the client sends me files from pexel for me to edit with, it’s not my responsibility. I don’t even know where the files came from. And I’m just providing an editing service. If the client then uses it for comercial services, that’s his responsibility, not mine.

“the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein.”

He gets all the intellectual property rights to my work, and I waive any rights. He’s buying my work, and he does get the right to it. If he sends me media he does not own, that has nothing to do with “my work”, which is what he’s buying. I’m not selling him the footage he sent me, I’m selling him the work I do on top of that.

Thank you very much Blavaro and Visual studios!

The answer was very helpful.

They have raised many doubts, and I also hope that many can see this topic as useful.

Be safe and happy sales!

Greetings!