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Posted by Jim on 02/12/07 12:55
In article <QNSdnV-UcMqPcVLYnZ2dnUVZ_oKnnZ2d@comcast.com>,
"Steve King" <steveSPAMBLOCK@stevekingSPAMBLOCK.net> wrote:
> <rynato@gmail.com> wrote in message
> news:1171224156.716073.123500@h3g2000cwc.googlegroups.com...
> > apologies if I should have posted this to another newsgroup; this post
> > is related to the business end of video production...
> >
> > I have a client who, through her own foolishness, has chosen to
> > terminate our working relationship with a project that is 95%
> > completed. She is demanding that in return for final payment, I send
> > to her all files associated with the project (presumably so she can
> > continue it with someone else).
> >
> > Now, she has no way of knowing what all the files are; I could easily
> > send her whatever I want (e.g., flattened Photoshop files, Final Cut
> > project files which won't link up with re-named video files, etc) and
> > tell her 'that's it, where's my check?'. I have a feeling she will
> > demand help with the files, which I will of course refuse; she
> > terminated our working relationship and I am under no obligation to
> > help her any further with them.
> >
> > What I would really like, however, is as a backup to be able to quote
> > back at her my right to the working materials. That is, I contracted
> > with her to produce a video and website. I did not contract with her
> > to provide the raw footage files or other 'working materials'.
> >
> > I need a reference to the UCC or whatever other legal citation I can
> > show her which proves that I am under no obligation to provide her
> > with anything other than a video and a website. Could someone point me
> > in the right direction? Googling has not really turned up what I am
> > after.
> >
> > Thanks in advance.
>
> Interesting that you should bring this up. I received a call from a client
> this week asking us to create a new short MOS video segment from existing
> footage shot for the purpose of creating two videos that were finished by my
> company and are currently on the client's web page plus they widely
> distributed the videos to customers in the form of MPEG files on CD-ROM.
> Normally, this is the kind of call we like to get, to make another version
> of something. It is usually a profitable assignment. This time, though,
> there was an additional request: the client asked for the original footage
> from the three-day shoot. The request was made by a product manager. I
> spoke to the company's marketing department, where I found out that the
> company had had several bad experiences in which the producing company had
> either gone out of business or had lost original video footage, thereby
> making it impossible for the client to create new programs from existing
> footage. They are hoping to institute a new policy, which allows them to
> archive the raw footage on all shoots commissioned by them. They are a
> long-time client, so we will reach an accommodation. However, with the
> strong move to web marketing, where short, often MOS, often simply edited
> video clips are becoming the norm, I would expect clients possessing the raw
> footage to think it quite all right that they digitize a scene in-house and
> prepare it for posting on a web page themselves. From their point of view
> they would be wise to create a work for hire agreement at the outset giving
> them copyright control over all the work product. From my point of view, I
> have to think about how I charge for projects, where I know I will lose
> control of the original footage after the production of the initial program.
> Under these circumstances I no longer have any assurance of further business
> in creating new productions from the existing footage. Perhaps even more
> distressing, I believe that I might reasonably expect a client to offer "my"
> footage to another producing company for use in diverse new productions.
>
> Any thoughts?
I'm just a home hobbiest video person, but I do write programs for
clients. This is also an issue in my field. I solved the issue of
"Small companies go out of business", etc etc by creating an escrow
agreement/account and vaulting the client's code. The only way they
can retrieve the code is if the business (mine) fails completely or
death (mine). I retain control and copyright, the client has a fail-
safe in place.
Jim
--
Edo ergo sum
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