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Posted by pduck on 07/15/06 14:30
In article <yJYtg.107$rT6.30@trnddc03>, "News" <jk.r@verizon.net>
wrote:
> 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...
>
I did a little more research and found that the original content is
owned by whoever creates it, not who pays for it (unless the creator is
an employee or it is spelled out in a contract). Read this article for
more detailed info:
http://www.digitaljuice.com/magazine/articles/2006_034_vtx.asp
That doesn't make things easier for me. It's like having the right of
way when a bus is coming at you - you may be right, but you're going to
lose in the end.
I just don't see any way I can win in this. I'm thinking about giving
them permission to use the footage on a one time basis, with the
understanding that they will need to pay in the future.
--
To reply, remove .nojunk from my email address.
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