Client wants my source material, but IMO, he didn’t pay for it

[Tim Kolb]

I think you’ve outlined the solutions yourself…though the problem is not having an agreement on paper, not the client.

More and more clients are asking for source materials these days, the tools are so cheap that everyone wants to be in production.

Get an agreement drawn up and have every client sign it…that outlines the deliverables ahead of time and the almost inevitable sour grapes that will result from this (you, him, or both) won’t be a problem in the future. If your agreement says that you keep the assets and the next client says they want them, then you get an extra fee for that and at least it’s spelled out.

I’m guessing you’ll lose the client instead of deliver all source materials for 2K…or you could try giving him any “dry” assets…basically short of the AE project, and see if that placates him I suppose.

TimK,

Kolb Productions,
Creative Cow Host,
Author/Trainer
http://www.focalpress.com
http://www.classondemand.net

[Seth Bloombaum]

Agreeing with Tim’s assessment… also, bear in mind when speaking with the client that in the absence of an agreement, copyright vests in the creator of the materials.

This may be something you discuss with the client – we’re not just talking about industry practices, which may be interpreted differently be different people, we’re also talking about the legal basis of ownership of creative works by their authors.

[Tim Kolb]

[Seth Bloombaum] “This may be something you discuss with the client – we’re not just talking about industry practices, which may be interpreted differently be different people, we’re also talking about the legal basis of ownership of creative works by their authors.”

“Author” rights get a little fuzzy when it’s a “work-for-hire”. The work wasn’t created as a form of personal expression. On the other hand, most clients don’t know or care and explaining it to them at the end of the job rarely makes them happy, unfortunately.

TimK,

Kolb Productions,
Creative Cow Host,
Author/Trainer
http://www.focalpress.com
http://www.classondemand.net

[Seth Bloombaum]

Tim Kolb wrote:
“Author” rights get a little fuzzy when it’s a “work-for-hire”.

Granted.

But is it a work-for-hire? If there is no written agreement, to my understanding there is no presumption that it is a work-for-hire. Certainly I’m not an attorney, but I believe that in the absence of any written agreement copyright law favors the creator or author.

On the other hand, most clients don’t know or care and explaining it to them at the end of the job rarely makes them happy, unfortunately.

Ain’t that the truth! Best policy – no surprises!

[Tim Kolb]

[Seth Bloombaum] “Certainly I’m not an attorney, but I believe that in the absence of any written agreement copyright law favors the creator or author.”

This is probably true. Todd would emerge bloodied, but righteous…

I just cringe at the thought of working all this out after the job is done…

TimK,

Kolb Productions,
Creative Cow Host,
Author/Trainer
http://www.focalpress.com
http://www.classondemand.net

[Michael Brown]

As Tim said, you’ve figured out your options. Speaking as a client, we have a standard contracts for creative media production that defines ownership of the finished product and source materials.
Get everything in writing, and confirm changes along the way. It won’t eliminate disagreements, but will make things a lot easier.

Mike Brown
Video/Film Producer
American Heart Association

[Bob Cole]

[Tim Kolb] “you could try giving him any “dry” assets…basically short of the AE project, and see if that placates him I suppose.”

This came up on an AE list, and Tim’s solution was the one offered, with a twist:

If your AE project uses lots of plug-ins, you’ll hand over the .aep, but of course you’ll be legally unable to hand over the plug-ins. If the client tries to use it without you, he will discover that he still needs you.

— Bob C

[Fministr]

I really appreciate everyone’s input on this question. I have also found this information to be helpful:

https://www.copyright.gov/circs/circ9.html#determining

In the abscense of any written contract, and since I’m clearly not a regular employee, I feel that I do retain the copyright to the original works I’ve made.

I’m not trying to aggrivate the issue with my client, but I have a feeling that the issue will come to a head in the next day or two. I’ll let everyone know how it goes!

Todd

[Seth Bloombaum]

Well, yes, copyright law does favor you.

Tim makes a good point, however, there’s being right, and there’s being dead right.

The real question is, what do you want out of the upcoming negotiation? How do you feel about the compensation you’ve received so far? (have you been paid?) Do you want to do work for this client again? Would you have given over the source materials at no additional cost if it had been negotiated up front? Is there some value to you in the raw footage and materials? Are you offended that your client wants source materials that could be used by someone else? Would you want first-refusal on future work with these materials? Do you have any concerns about what this client may say about you to others if they feel they’ve been treated unfairly?

It will really help in your discussions with the client for you to get as clear as you can get on what your interests are.

[Kyle S]

Seth,

How exactly do you figure copyright law favors him? He didn’t produce a project and then have this person buy it from him. The buyer contacted him and he produced a video, as Tim pointed out earlier that is going to fall into the work for hire. The fact there is not a written contract makes things more difficult, but a verbal contract is just as binding in court, just more difficult to prove. I don’t think you will get any argument that the client was the one who contracted the project, meaning he is the producer, and the project is his, if he wants his tapes, he should get his tapes.

Kyle