Intellectual property · Legal information

If an Advertising Film Appears in Another Campaign

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If an advertising film has appeared in another campaign, who the film stayed with is read from the sentence on the medium and on the right in the contract. The price having been paid does not leave every new campaign free. The agency giving the same edit to another brand stands separately if it is outside that sentence. A number of time is not fixed in this article. A payment document does not stand in for the sentence of assignment.

The sentence on the medium in the contract

If the contract writes a particular medium or a particular season, what is outside that limit is not memorised as permission. How many days the limit lasted is read only if it is written in the contract. If it is not written, a day is not invented. If there is a sentence that all rights were assigned, the reading widens. A wide sentence does not mean every use is undisputed. Which right passed stands in assignment of an economic right.

The price that was paid is not counted as an assignment without the sentence on the right in the contract. An invoice may show that the price was paid in. An invoice does not by itself write which medium was opened. The medium is in the contract line. If there is no line, the invoice does not become a document of unlimited publication.

The price and the assignment of the right

Unauthorised publication of a work stands in a work was shared without permission. The account of that publication is not rebuilt here. The frame of a work an employee produced stands in a work produced in employment. A shoot by an agency employee is not read as a copy of the film in the brand owner's contract. If the two relationships are mixed, which document gave a right to whom is lost.

A petition of assignment cannot add a sentence that does not stand in the contract. The petition cannot rename a price receipt as an assignment of a right. The receipt shows the amount that was paid. The amount is not made a figure here. The amount is on the receipt. When there is no receipt, it is not said that the price was paid.

The same film and a similar style

If the film of the new campaign carries your scenes, the overlapping shots are described. If only the style of the same agency is similar, this is not the same film. Similarity of style does not produce a decision of infringement without an overlap scene by scene. The decision is not written before the images of the two records are placed side by side.

The film standing in the archive of the publishing platform does not mean a new campaign was opened by itself. The archive record and the advertisement of the new brand are separate dates. If the date does not stand in the publication plan, it is not invented. If your logo stands in the advertisement of the new brand, the image and the sign are a separate line. The sign does not by itself extend the term of the film.

The music and the set photograph are separate

Permission for the music stands in a musical work. A set photograph stands in a photograph. A frame of the film and a set photograph are not memorised as the same right. The licence of the music is not pasted onto the contract of the image. The two documents are read separately. If one is missing, the other is not put in its place.

The application is not written without showing which scene appeared in which campaign. The screen recording should stand in the file as an annex of the contract. When there is no recording, it is not said that the campaign is the same. The name of the same agency does not stand in for an overlap of the image.

The edit script and the film that was shot may be separate documents. If a scene in the script is not on the screen, that scene is treated as not used. A shot that is on the screen and is not in the script is described too. The description is not written before the two texts are placed side by side. An internal note of the agency does not stand in for the brand owner's contract. The internal note is read only if the contract refers to that note. If there is no reference, the note does not widen the assignment of the right by itself.

If only the logo changed in the new campaign and the scenes remain, the change of logo does not make the film another work. The overlap of scenes is described. If there is no overlap, similarity of the logo is not a copy of the film. The sound band is asked about separately. The sound is read from the music document. When there is no music document, the sound is not treated as written into the contract of the image. A number of time is again not fixed. The number is read only if it is written in the contract.

Where the campaign record is read from

Counsel in Ankara reads from the contract that the office being in Çankaya does not change the court of a dispute over a work. A price receipt is not counted as an assignment of a right, and a time that is not written in the contract is not made a figure. The film is not treated as assigned before the contract, the invoice and the record of the new campaign stand side by side.

Conclusion

In an advertising film, the place that is looked at is the medium in the contract and whether the new campaign uses the same image. The price that was paid does not stand in for this sentence. A number of time is not fixed. The frame stands on the intellectual property page. The basis is Law No. 5846 on Intellectual and Artistic Works.

Legislation

Frequently asked questions

We paid the price of the film. Is the film ours?

Payment does not by itself write which right passed. The contract may have limited the medium of publication. Whether there is a limit is read from the text. A number of time is not fixed here.

Is a film shot by an agency employee the property of the office?

A work inside an employment relationship is a separate record. The place looked at here is the film in the contract appearing in another campaign.

Is the music in the film the same right?

No. The copyright in the music is a separate record. The image of the film and permission for the music may not be the same licence.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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