rights to raw footage

One of my graduated video students is learning the hard way about contracts ( commercial videos)
with clients - i.e., not having one causing pain and suffering after the fact.

Question:
I advise "raw footage" from a shoot remains the property of the shooter.
( unless contracted otherwise )

and

The Final product - with all rights remains the property of the client.


Is there a good book, blog, white paper, site, or other for beginners I can buy or locate?
Not legalese, but simple advice on contracts, negotiating professionally, etc.?

Thanks
PH

Rights to the original footage is a tricky subject. Without rights being specifically assigned in a written agreement, courts have generally decided this way: if you're working for a client, it is considered a "work-for-hire" and the client owns the rights to the material. If it is something you're doing on your own, it belongs to you.

I know this is contrary to the popular myth that 'if you shoot it, it's yours' ... but that's the way the courts have been ruling for many years. One of the recent, better publized cases involved an artist who was commissioned by a city to design and create a sculpture for a public plaza. He delivered the finished work, and upon arriving at the official unveiling, he was surprised to see that the city was selling miniature replicas of his work as souvenirs. He sued and lost. The court ruled that since rights ownership was not included in the bid or work agreement, his work was a "work-for-hire" (he would not have created this specific piece of art had the city not hired him) and therefore all rights were owned by the city.

-DH

Thank You Both. Invaluable information and clarity.
Best to teach with a degree of caution. Basically - CYA.

Thanks again
Mr. H