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Re: legal entitlement to 'working materials'?

Posted by Steve Guidry on 02/13/07 14:36

You probably dont have a legal issue. OY have a business decision to make.
And in my view, here it is : YOu have to decide whether short-term visceral
satisfaction (telling the client to go screw herself) is worth the hit your
reputation will take when she talks to her peers.

Personally, I always assume work-for-hire" status unless there's some reason
not to do so. This basically means that all the work product belongs to the
client as soon as they pay the bill, and they can do whatever they want with
it. Such a relationship is inherently open and forces my staff to be sharp
and always deliver quality work.

My advice to you on this one :

1) Realize that not all relationships work out.

2) Get your money and give her what she wants.

3) Move on.

4) If she needs help actually doing something with the files, then
cordially offer it to her on a fee-for-services basis. Or tell her that
you're just too busy with your new project to help her.

5) Remember that there is absolutely NOTHING to be gained by being petty
and giving her a piece of your mind.


Steve Guidry
Video Works, Inc.
1.800.844.4404
www.videoworksinc.com
<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.
>

 

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