Phoenix, AZ asked in Copyright, Divorce and Intellectual Property for California

Q: Is a video on a YouTube channel considered property?

During my marriage, my ex-wife shot video of our daughter, and years later I put it on a YouTube channel while we were still married but intending to divorce. Is the video, now that I've been divorced a few years, considered both of our property (as I've assumed), or her property since she shot the video, or my property since it's on my YouTube channel? Asking since I get contacted about licensing the video, and am often asked if I'm the sole owner - to which I often respond 'no' or that 'it's a gray area.'

2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: Yes it is.

Your challenge is the valuation.

The big debate could be the current and/or future value and how to split.

You should consult with an ttorney

Jonathon Maddox
Jonathon Maddox
Answered
  • Intellectual Property Lawyer
  • Redding, CA
  • Licensed in California

A: The property would likely be joint, as it was shot during your marriage, and California is a community property state. As my colleague has pointed out, the big issue would be on how to properly value the video. But neither you posting it online, or her being the one to actually film it, matters legally. You would both own it, and would need to discuss with an attorney on how to properly settle.

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