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Re: legal entitlement to 'working materials'?

Posted by FCP User on 02/13/07 22:50

In article <1171396026.843523.160120@a75g2000cwd.googlegroups.com>,
rynato@gmail.com wrote:

> I totally agree with what you say... except when you are dealing with
> a client who has been thoroughly unpleasant, or has proven themselves
> to be a 'taker', or other such nightmare clients.
>
> In that case, I would feel like a fool if I were to show that level of
> courtesy to someone who has treated me in such a manner. And that is
> the situation I find myself in. This woman asked me to turn over some
> files in return for paying my final invoice, and now that is not good
> enough and so if I don't help her, she will withhold final payment.
>
> Fuck that, and fuck her. I did the work for her, she threw a snit and
> she made a deal - the CD with the files she asked for, in return for
> the money she owes me - and I deserve to get paid, for her to uphold
> her end of things. After that we can talk about any further
> courtesies. I might even say yes. But in my mind, one of the last
> things you do to a freelancer is treat them like shit then refuse to
> pay them until they do further FREE courtesies for you.


I know this is going to be hard for you to understand cuz you're pissed
off. And I completely understand the feeling.

But you've got to get some distance and look at what's happening here.

Its no longer REALLY about her. It's about YOU.

YOU'RE letting her control your emotions and reactions.

So she's winning.

What you need is to step back and understand how to switch this around
so that YOU'RE winning. And to my mind, that means rising above the
emotional crap and seeing yourself as ABOVE the petty BS she's
apparently steeped in.

If you do that, she CAN'T win. Cuz you're suddenly unwilling to play her
game.

Get a box. Fill it with ALL the tapes, discs, files, and paperwork . Any
and everything you can related to this project. Keep copies if you want
- tho I've go to tell you the chances you'll EVER actually want to touch
any of this again falls somewhere between slim and none - but if it
makes you feel better, fine. Do it.

Then make up a written list of everything in the box. email her that
list and tell her you'll be stopping by with ALL the materials from her
project and attach that list.

Then deliver it, and show her each and every item on the list.

There will be NO reason, now, for her to withhold even a penny of what
she owes you.

If you get the check, walk away, take it to the bank immediately, and
forget about the whole thing, except for the lesson she presented you
with about how NOT to treat people.

If she doesn't pay you. You know this isn't about performance, it's
about her inability to pay. That's another story.

Sit down somewhere quiet and think about how she acted in the early
meetings on the project. Did she give you any clues that she'd turn out
to be a problem? Think about your discussions about money. Did she grind
you on price? Did she seem disorganized? Uninformed?

This is important, because if you EVER see these same behaviors in
another client, you'll have an early warning system about future
problems.

She doesn't know it, but she's given you a GIFT here. The gift of
experiencing a bad client first hand. Now it's up to YOU to learn from
the lesson.

Hell, you want to REALLY win this? Find the cheapest bunch of flowers
you can and SEND THEM TO HER - with a note saying "sorry this didn't
work out."

That will REALLY mess with her. Suddenly she's gone postal on someone
who's now demonstrated that he's not only a decent guy, but a guy who's
willing to take extraordinary steps to mitigate damage, even when he's
NOT IN ANY WAY AT FAULT.

How classy is that?

You'll know you're sending her the flowers to thank her for letting you
learn an important business lesson. She won't.

Everyone's happy.

And when she she calls you later because there's nobody left who will
work with her. Politely tell her you're too busy.

Let us know how things work out.

--
Bill Davis
StartEditingNow.com
DVD editing instruction with Multi-Track Movies

 

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