Fired! Client wants ALL project related material

[Nick Griffin]

Three words:

JUST GET PAID.

Just get paid BEFORE you turn over ANYTHING. And this should include estimated time for getting everything gathered.

I say if the guy’s not being a complete d*ck, give him the digitized footage — PROVIDED he pays for the media or sends over a hard disk to load it onto. Personally I would NOT give-up a program file. Play it cute and export an EDL. You can then state that you’ve given him literally every bit of info needed to re-construct the piece. Give him copies of your plug-ins??? Ask him what he’s smoking.

BTW, in case it’s not painfully obvious, you won’t be working for him again. This should be especially evident if he claims he’ll call for something else in the future. And remember: JUST GET PAID.

[Ty Ford]

I’m with Ron on the music, unless you get them to sign a hastily drafted Transfer Of Rights letter that let’s them know the restrictions of the use and their responsibility to pay for that use. I’d also copy the music company and/or check to see if handling over the music files was allowed by the deal you struck with the music company.

Regards,

Ty Ford

Ty Ford’s “Audio Bootcamp Field Guide” was written for video people who want better audio. Find out more at https://www.tyford.com

[Shvr]

[Nick Griffin] “And remember: JUST GET PAID.”

Oh boy. Now he wants to renegotiate everything, including the money he owes me for the work I’ve done already. I had a feeling this was going to happen since he basically fired me after I sent him my invoice.

I don’t know how I get involved with these types, but I do. Any strategies? I’m holding on to everything to this is sorted out (although he has a rough cut on DVD already – but I doubt he can use that.)

My contract with him clearly states my hourly rate – so legally I’m on solid ground money wise – but can I legally hang onto tapes until he pays up? He’s sending a courier by tomorrow morning…

[Mark Suszko]

That courier better be bringing a certified bank check or money order (no personal checks) for your full amount, or you can give the courier a note to bring back that says you will be filing a mechanic’s lein. (google how to do that in your area).

Do NOT part with any more materials until you get the amount you invoiced. He is the one under calendar deadline pressure for a compete program, not you. Wait him out and if he needs it bad enough, he’ll have to cave. You are calling the shots now.

[Tim Kolb]

Indeed.

The invoice wasn’t negotiable…it’s the invoice.

He’s an idiot for firing you THEN expecting a discount…

Company policy…all materials can be turned over to the client once all outstanding invoices are paid and checks have cleared.

…and I LOVE the EDL suggestion of Nick’s…no project file.

TimK,

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

[Aanarav Sareen]

I have been in this situation once before and needless to say, I have never worked for this guy again.

Here’s the story:
We were editing a rough cut for a TV program and they guy wanted the project faster. This was something, that was not possible, because we had to load hours and hours of footage into the system and then edit it. They guy expected this to be done in 2 days. If this project only had a few hours of footage, this would be a piece of cake. However, that wasn’t the case. He got frustrated and told me to hand over all the project files, so that he could edit all night.

Before he left, I told him to pay me all amount owed, otherwise he would not get any of the materials. Well, he pays by credit card and once it was approved (in a few minutes), I handed everything over.

Now…I get up in the AM and see that the card charges have been reversed and my merchant’s account is on hold. Frustrating? Yes, especially since the invoice was over $2000. So…I call this person up, ask him the reason. He said “Oh! I exported the cut and the audio is terrible. This ruins the entire thing. So, I tell him, that I will be over at the studio to take a look at the audio files. What do I find? In an attempt to raise the volume, he some how fiddled with the speed of the audio, making it jibberish. Now, this guy, doesn’t know the JKLs of editing and tries to blame me for it. What do I do? Call up my credit card company. File a report. After a 10 day investigation, I get all my money back.

This time I got, kind of lucky. But, after this client, I have never worked for him, even though he has requested a few times.

[John Cuevas]

Completely agree with Tim & Nick.

Jumpbacks, pre-set and previously completed animations, plugins, music. NO.

Source Tapes & EDL–yes.

Again don’t hand over anything until you get a certified check. And you might start talking to a lawyer pretty soon.

Good Luck

Johnny Cuevas, Editor
http://www.ckandco.net

[Ron Lindeboom]

[Chris Cardinal] “When that courier shows, wish him well and say you have one thing for him to carry — another copy of the invoice.”

Gosh Chris, I am humbled in the presence of greatness.

;o)

What a line! You should be a writer.

Boomer

[Shvr]

I spoke to the producer this A.M. and I told him that nothing will be given to the courier until I am paid in full. He said “Of Course.” The courier will have my ‘first payment’ with him. I told him that this first payment must be for the full invoice amount, not a cent less or nothing gets turned over.

Well it got ugly – the producer claims that I misrepresented my abilities as an editor and that the first cut is useless and not what we discussed at all. I said editing is a process, and we can re-cut to make this film work and he’s welcome to sit in my suite with me to fine cut the film. He again said that my rate is too high and that I committed fraud by misrepresenting my abilities.

I don’t know what he means by fraud. I gave him references and showed him my previous work and he agreed to the contract price. Was he expecting a emmy / oscar winning editor for 80.00 / hr?

He is still demanding a rate reduction by 50% or he’ll pursue legal means, claiming I comitted fraud. I told him that he is the one committing fraud by not paying me my contracted amount and a check is not delivered within 24 hours, not only will he not get the tapes and EDL etc, I will pursue a legal course myself.

So do I get a lawyer over a 2500.00 invoice or do I take him to small claims?

[Ron Lindeboom]

He can argue fraud but that is meaningless. Do you edit? Yes. Do you own the tools of the trade? Yes. Have you had previous experience that he was presented with for references, etc.? Yes. So where in hell is the fraud in this???

Editing is an art, not a science. He can bemoan your technique but that is hardly fraud. Even if you are the worst editor in the world — which I highly doubt — you have done due diligence to work on the project as per your agreement and with the tools of the trade needed.

Fraud it is not. Not in the slightest.

This guy is desperate and clutching at straws to try to scare you into giving him the work.

If you give it to him for anything less than the full amount owed, I will guarantee you that you will never see another cent.

Ron Lindeboom