Is it appropriate to license video similar to how music is licencsed?

[Nick Griffin]

“best known for being a jerk”
“risking a long term relationship”
“didn’t stand in the way of securing the original deal”

There’s a common thread here that needs to be clarified. It’s the importance of being someone with whom it’s easy to do business and NOT one who erects barriers to getting the gig. You have to come across as being warm, friendly and, above all else, helpful. Once perceived in this way you can treat add-on terms and conditions as minor items. Keep your negotiations light and never been seen as “THE ARTIST” with his or her set of demands.

[Mick Haensler]

YESSSSSS! Thank you Nick. That is exactly what I was trying to convey with “The Parable of the Jerk Artist”. I just came away from a lunch meeting with a very conservative CEO of a mid sized company with 1 out 2 contracts signed and some very positive indicators that the 2nd contract would be signed shortly. This is big deal for my company as we usually work with small businesses and non profs. Moving into this level is extremely exciting. We got to that lunch via 2 other meetings where we had to sell the marketing dept and the Director of Operations. One thing became clear from the beginning, we liked them and they liked us. They aren’t shopping these projects to other vendors because they want to work with us, and that to me, is more important than anything….relationships. “Lawyer in tow” is usually the result of a relationship gone bad. Sorry Rick….

Mick Haensler
Higher Ground Media

[Scott Sheriff]

[Rich Rubasch] “Hmmm…disagree with Scott. He is the recording studio AND the artist. I think it is plausible to ask for the contract.”

I have no problem with contracts. In fact, I encourage their use.
I disagree with the idea that production should be licensed like music, which is something totally different.
I think the dividing line is going to be based on risk.
If you completely produce a video from scratch on spec, and the entire thing is your idea, your money, your risk, then you have a product that you can sell any way you want. That is a product, not a service like production.
On the other hand if any part of this comes from the client, you are back to being a service provider. I think trying to straddle the fence and do a little of both is a train wreck waiting to happen.

Scott Sheriff
Director
https://www.sstdigitalmedia.com

“If you think it’s expensive to hire a professional to do the job, wait until you hire an amateur.” —Red Adair

[Scott Sheriff]

I want to follow up my last post with this:
The OP originally said
[Stephen Pickering] “I was recently asked to produce a 4 minute marketing video for an acquaintance of mine at a national company.”

In this case, the OP is not the idea originator, the client is. Stephen was asked to produce, or render a service.
Had Stephen gone to the client and pitched the idea from scratch, or had done a video on spec, then I think he would have a stronger case for being the person that has control over the rights.

Scott Sheriff
Director
https://www.sstdigitalmedia.com

“If you think it’s expensive to hire a professional to do the job, wait until you hire an amateur.” —Red Adair

[Stephen Pickering]

Thank you all so much for your thoughts on this.

I agree my situation is not the same as an artist risking something in hopes of selling it. I’m being paid no matter what.

I do have a little pull as they approached me for my “twist” on the video (after seeing a specific video I had done in the past), but I am by no means irreplaceable. I think I’ll casually run it by them but will try to present it in a way that it doesn’t in any way feel to be a required contingency.

I really appreciate your input on this. I’m a creative person and unfortunately not a very good business person, so I sometimes overlook good business practices.

Thank you again!

-Stephen