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Home: Video University Forums: Marketing & Business:
Producing video for Client to Distribute-Legals

X-Joleda_Productions
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Aug 6, 2003, 9:17 AM

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Producing video for Client to Distribute-Legals	Can't Post

We were hired by the client to edit and produce his supplied footage for local distribution. We asked to get paid for our services and he insist on paying with the sales. We do not want to be involed with the marketing and sales. Just make our money on supplying the finished DVD's. He wants to demo this video to a group. Who actually owns this production? When he hires us and hands over the footage to us, how much of this production is actually ours? Should we have a written aggreement before letting him demo the video? We will be imprinting our logo and name on the video. Our name is trademarked. Is it illegal for anyone to make a copy of this video with our trademark on it? We have been doing this work for 4 years, but not this type. We have usually filmed our own footage. This is a new area and this man is an attorney! Can anyone help with the best steps to follow for this project?
Thanks for your help,
Dave

X-Doug_Graham
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Aug 6, 2003, 12:56 PM

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Re: Producing video for Client to Distribute-Legals	Can't Post

Dave,
If you were hired, you should have a contract. What does it say about who owns what?
For that matter, what does it say about payment?
If you're going to be paid from sales, then that's even more of an indication that you own the work.
If you DON'T have a contract, get one before proceeding further!
In the absence of a contract, IF you are an "independent contractor", then you own the copyright to your work, can can control who gets to use it.
However, especially since your client is a lawyer, you'd better get an attorney of your own.
Regards,
Doug Graham

X-Paul_Bolden
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Aug 7, 2003, 5:48 AM

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Re: Producing video for Client to Distribute-Legals [In reply to]	Can't Post

It sounds bad and potentially a big headache! A contract is great (we always use them) but how deep are your pockets in terms of litigating against a lawyer whose legal time is free to him. Add to the fact that it sounds to me like he's hedging here not wanting to pay you for your services while you to take the risk! Does he have the experience and distribution channels to bring this product to market. BTW...What does this mean? "He wants to demo this video to a group" Is this some kind of spec work? There may be a time to co-venture but IMHO this AIN'T one of them. RUN!

X-Jack_Perry
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Aug 16, 2003, 12:44 PM

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Re: Producing video for Client to Distribute-Legals [In reply to]	Can't Post

I wouldn't do it
It's basically a SPEC job where you won't get paid at all if
this guy doesn't sell anything. If I were you, I'd write yourself a contract
that guarantees you payment for at least the total cost of the job
that you would charge based on an hourly rate.
If you can't get that and get paid in full before any sales, then you should WALK. If he can't afford to pay you
or is too cheap (most lawyers are) who is to say that he'll pay you the full amount
if or when he gets enough sales. It sounds like he's also using his abilities
as a lawyer to intimidate you out of creating a proper contract.
He doesn't work for free, why should you?
--- Jack Perry