Activity › Forums › Business & Career Building › Do I have the right to ask for royalties?
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Do I have the right to ask for royalties?
Gabriela Lozano replied 16 years, 5 months ago 12 Members · 18 Replies
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Allen Sullivan
December 2, 2009 at 12:37 pmRichard, no verifiable expertise here…a family of attorneys could be why I am not one 😉
I guess I’m coming at Gabriela’s situation where she said she might be the one-woman show, creator of every part of the piece. But like I said before, I’m coming from the still photo side where it’s much easier to be that sole creator and automatic rights holder.
I wouldn’t know from experience about a music video. Seems having an agreement in writing before work begins would help clear up potential problems down the road.
Allen
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David Roth weiss
December 2, 2009 at 6:32 pm[Gabriela Lozano] “The point is that I was no crew at all, I produced the whole thing. I did the pre-production; hired the production crew, rented the cameras, dollies, jibs/cranes, etc. rented the edition room, hired the editor, colorist, animator; authored the DVD, made the disk imprints, labels of the case, etc.”
It sounds to me like you were paid for doing that work, but now you want to be paid again because your client successfully marketed your work product.
So, what if a project fails miserably, languishes on the shelf forever, and despite your best efforts, the best thing that ever comes of the project is that the band members are able to show it to their grandchildren someday? Does this mean that you should pay back the fee you received for your services?
The fact that your happy client was able to successfully “repurpose” the product they paid you to create, and sell it in markets beyond their original expectations, should give you a warm fuzzy feeling. The feelings of entitlement you describe instead sound very hollow and petty.
My advice is, move on, and be happy with your success. Get another job and shoot for the same success.
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los AngelesPOST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.
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David Roth weiss
December 2, 2009 at 6:50 pm[Allen Sullivan] “Coming from a family of attorneys “
Let me be the first to issue condolences. Just one in the family is way too many for me.
BTW, do you know the difference between a lawyer and a catfish?
Answer: One is a bottom feeding, scum sucking, scavenger… The other is a fish.
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los AngelesPOST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.
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Philip Imbrenda
December 3, 2009 at 12:41 pmOnce you Let the Lawyer’s in, it might wind up costing you money for spinning your wheels, plus blowing up your reputation. The lawyer’s always are willing to take your money and tell you its a good case, if the company you are going after is a Corporation they have to hire a lawyer to defend the company. and the cost can be substantial, if you Loose and you probably will, you may have to pay all the Legal fees.
Philip Imbrenda
Tv One ProductionsTv One Productions
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Scott Carnegie
December 3, 2009 at 3:31 pmYou were hired help, a “work for hire” (which is not the same as an employee) you don’t own the video, the people that paid you did, unless you have a contract that states otherwise.
Going in for royalties after the fact seems like a sleazy move to make BTW, going that route will gaurantee that they won’t hire you again.
http://www.MediaCircus.TV
Media Production Services
Winnipeg, Manitoba, Canada -
Grinner Hester
December 3, 2009 at 11:42 pmI can’t imagine anyone throwin’ money towards an ambulance chaser for this. It’s pretty obvious no perecentages can be collected as none were negotiated. Trying to shake down a clinet after the fact is the second best way to be black-balled in a market.

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Arnie Schlissel
December 4, 2009 at 4:50 am[David Roth Weiss] “One is a bottom feeding, scum sucking, scavenger… The other is a fish”
Shouldn’t that read “The other can be fried up and made into a tasty P’o Boy sandwich”?
Arnie
Post production is not an afterthought!
https://www.arniepix.com/ -
Gabriela Lozano
December 4, 2009 at 8:14 pmThanks a lot for your time and commentaries guys, you’ve been very kind.
Well, after days and nights of consideration, I think i will pass to ask for royalties. Me vs. a large company its a battle I do not want to fight. I think I prefer to stay in good terms with them, they are happy with my work and I should be happy with that too. I only hope this would bring me more projects with them and then, I would be more careful.
Thanks a lot to all of you guys.
Gabriela
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