Client relationship in jeopardy – help!

[Mike Smith]

Physical ownership of the rushes will depend on your original agreement, and if you have delivered what was in that you have no legal obligation to deliver more – you are not mistaken.

Copyright: work for hire. So far as I know there is no strict UK legal equivalent of this provision, which in some circumstances can mean that the party paying for work by outsiders (not just by employees) can be the legal “author” of that work and own all rights in it.

This webpage is from a UK lawyer specialising in this area and covers some significant points for you

https://www.speechlys.com/copyrightandcontractors

[Walter Biscardi]

[Harry Powell] ” I fully take on board the wise words about ‘good business’, but for me the central issue is not whether I give her the rushes or not, but whether she has any grounds for stating (rather too bluntly) that she owns them and implicitly threatening non-payment until she had them. “

All I’ll state is what I said in the beginning. If she paid you for your services and paid a tape stock fee, she owns them. I’ll never do business any other way and it hasn’t hurt me one bit in 8 years.

Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.

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[Harry Powell]

[walter biscardi] ”
All I’ll state is what I said in the beginning. If she paid you for your services and paid a tape stock fee, she owns them. I’ll never do business any other way and it hasn’t hurt me one bit in 8 years.”

Sincerely appreciate the advice Walter. I know you are speaking from a lot more experience than I have. I used a total of 9 tapes for the shoot. Total cost (at current US/UK exchange rates) is precisely $14.65. I never charged her seperately for the stock. Does that mean I am fully justified in keeping the rushes?
; )

[Harry Powell]

Hi Mike – My brain was starting to hurt through lack of sleep, so many thanks for taking the trouble to clarify further. I’ll check out the link. I’m genuinely touched by people’s support here.

[Bob Cole]

It depends.

If they hire me to shoot, and ask for the media, they get them, no charge, even if our previous understanding was that I was to do the editing.

If someone hired you to produce a specific show, and asked for tapes, there are three possibilities:

1. The relationship is great, and the request is harmless – they just want to be sure the tapes are safe, or someone wants to try to edit or repurpose the media for a web video – give them the tapes.
2. The relationship is rocky, and any unusual request for media might be a sign they’re leaving. Make sure they’ve paid for all work to date, and give them an estimate of what it will cost to make copies for them.
3. You and your client are getting a divorce, & they’re definitely leaving. If your contract does not specify that they are to get camera tapes, etc., then enforce the contract, and don’t give them a thing.

In any case, you have a responsibility as producer to inform the client that there are other rights-holders (actors, musicians) involved, and they have to sign a receipt for media that includes an acknowledgment of that fact.

I’ve been lucky enough only to be involved in Case 1 above, and the client gave the tapes back very quickly so we could use them in the next show.

[Chris Abram]

I won’t go into the copyright issue as there are several excellent responses to your email. However, have you considered allowing the client to view a set of your rushes BUT MAKING SURE THAT YOU HAVE TIMECODE IN VISION EMBEDDED ON THE TAPE?
If the relationship is still a practical possibility for the future then perhaps a restricted viewing between yourself and the client might just avoid any unpleasanteries and could also lead to more work.
Our company believes that unless it is in black and white in a contract then we do everything to retain copyright.
Good luck

Chris Abram