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Posted by marks542004 on 02/19/07 22:50
On Feb 11, 2:02 pm, ryn...@gmail.com wrote:
> 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.
First , your contract should have specified everything you are now
asking about. If it doesnt you have bad business practices. You
should also have a DETAILED specification sheet of what was requested.
You should also be doing a VARIANCE spec sheet for EVERY change
requested.
now look at this from the clients viewpoint for a second.
She hired a freelance specialist who is supposed to be a professional
business person.
She is mow faced with someone who claimed to be able to do a piece of
work and when 90 % of it is supposed to be done she finds it
unacceptable.
The guy who was going to do it has proven unsatisfactory , shes almost
out of time, needs to find a competant person to start over.
You might contractually , refuse to part with any work done to date ,
and keep it all. You might even force her to pay you , although a
court looking at what was requested and what was done may decide
differently. Do you really want to spend a few days at small claims
court , and have your work slammed by an unhappy client ? even if you
win , will potential customers remember why you won , or will they
say , "it was a technicality , and if we have a problem with the
project , the bastards gonna sue us ! "
Getting partially completed work might not be an issue to the
client , she will just the refusal down to a pig headed ass who did a
lousy job anyway.
You can bet that anytime someone asks her about the project she is
going to tell her version of the story. Good luck with repairing your
reputation after that.
Just a thought .
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