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Re: Intellectual Property Rights vs Keeping a Client Happy

Posted by News on 07/15/06 02:50

pduck, couldn't reply to you as sender, so here goes to the NG.

You state "This marketing firm wants to take my original footage (of my
clients product)
and edit it themselves..." If it's footage of your client's product, it's
his/hers, not yours. You may receive credits of some kind, but otherwise,
that's like saying because you shot video of a rock and roll band for a
client company that wants to air it on MTV, the raw footage is yours? It
doesn't add up or I'm missing something.

Also sounds like this client ain't coming back from you stating, "But he has
also made clear that he doesnt want to pay a separate expense to me for any
editing", unless you just don't have the capabilities to compress video for
the web. Either way though, you may want to rethink your intentions on not
wanting a written contract of some kind to avoid these types of things in
the future.

Make up some wording that suits your needs for what you do with three big
questions in mind:

1. How could a customer screw me over?

2. How could a customer put my business and its name in a bind?

3. What would I need to do to alleviate the above problems if they arise?

Take them to a local business lawyer in the area and have him/her review or
help with wording that suits you best.

You don't want to scare away clients, but a good client will always
understand where you're coming from in asking them to sign for your services
with stipulations. Imagine if you could take this client to a small claims
court and they had signed a contract or waiver of some kind?

I don't see a win on your side as it is now, especially with NOTHING in
writing. This client however, is going to state that you shot the video
footage for their use of their product. Do you see it now?



Jimmy, hoping you find a resolution...


"pduck" <pduck.nojunk@sbcglobal.net> wrote in message
news:pduck.nojunk-90C3D3.17005014072006@newsclstr02.news.prodigy.com...
>A long time client of mine (I am an independent producer of industrial
> videos for training and marketing) has recently started working with a
> marketing firm to help promote their product line. This marketing firm
> wants to take my original footage (of my clients product) and edit it
> themselves for my clients web site. This is something I feel very
> uncomfortable about. It would be similar to a still photographer giving
> out his negatives. Where would this end? My client has made it clear
> that he is not giving me the boot, he plans on using me in the future,
> etc. But he has also made clear that he doesnt want to pay a separate
> expense to me for any editing.
>
> Am I being too pigheaded here? Is it normal to hand over raw footage for
> others to edit when no prior arrangement had been made to do so? I
> should note that I live in a small area and I have always done things
> with a handshake rather than a Hollywood contract. If I tell my client
> no, he will honor me, but I may not see any more business from him.
>
> Opinions?
>
> --
> To reply, remove .nojunk from my email address.

 

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