Raw Footage, No Contract, No Deal

[Dominique Lee]

I definitely understand this now. I gave him the final product. He was happy. I feel that after he said thank you and closed that door I was done. Whatever issues he has now are those he’s going to have to argue with himself about. I haven’t heard anything from the situation since last week. Maybe he’s over it. But if I do hear from him again I think he’ll just have to pay for a lawyer. I’m done playing phone tag.

[Craig Seeman]

Just for the record what I usually offer sane and civil clients when they ask for master after the fact (not in the contract) is the following options depending on circumstance.

They can send me a selects list from the time code burn in dub I’ve send them and they can send me back the time codes they want. I charge for doing the edit selects for them

I offer to do a dub/clone (no generation loss in these digital days) and I charge my dub rate. Yes I charge for copying files. This is a service I offer because I can tell them I also have a copy in case anything happens to the tapes/files I send them. This also protects me if they claim that the copy they get is unplayable.

I can sell them the files outright and I have them sign an agreement that they accept them as is and I’m not held responsible for providing any backup support (I retain no copies). This often scares them away from going this route.

[Dominique Lee]

If I get another call then I’ll suggest this. But I believe he’ll bring up the whole thing about the tapes being “HIS” again. *eye roll* He can have a copy all he wants. I don’t care. I would have done that a long time ago if he had simply asked. But he’ll probably be a butt about it and ask for the master. He’s getting a copy..and he’ll need to leave me be.

[Craig Seeman]

Note I said “sane and civil” so as you also asses, I don’t think your client qualifies. They’re not his and the cost for the dub will likely be less than his cost for a lawyer. If you want to be tongue in cheek, or maybe more accurately, tongue out of cheek, you can say that’s your “out of court” settlement offer. He pays and he gets a COPY. He can threaten and get nothing but a huge lawyer bill instead.

[Dominique Lee]

So my lawyer told him five days ago to contact me to set up when to drop off everything and I typed up a document saying he received the footage and this was terminating our business relationship. No call. I did receive a text today from the artist telling me to call him when I was ready. -_- really? He’s just playing tit for tat now. I told him I’ll mail it to him and he’s pretty upset that I’m not dropping it off in person. The more ridiculous it gets the more ridiculous it will sound if he decides to take it to court. I’m not sweating it anymore.

[Mark Suszko]

If using US Postal service, pay extra for delivery confirmation with signature required, or do FedEx with signature required. Either way, get a tracking number. You need written proof from a third party to confirm delivery. Document everything.

[Dominique Lee]

That’s the plan! But he replied that “Mail is an unnecessary risk that would create exposure on my end.” O_o He tried. I offered. He didn’t take it. He can’t MAKE me hand deliver something. Oh well.

[Dominique Lee]

So now he says the raw footage belongs to him and the tapes belong to me but he’ll pay for the tapes. BUT he won’t negotiate. ??? He’s weird. I told him $15 a tape and we’ll see what he has to say. Hopefully yes so he can leave me be.

[Craig Seeman]

[Dominique Lee] “So now he says the raw footage belongs to him and the tapes belong to me but he’ll pay for the tapes. BUT he won’t negotiate. “

Actually you’re in control. He either pays what you want or he pays what a lawyer wants. He has to decide what’s less expensive.

[Dominique Lee] “I told him $15 a tape and we’ll see what he has to say.”
I’d charge based on the running time of each tape. That’s the thing of value (at least theoretically).

[Dominique Lee] “Hopefully yes so he can leave me be.”
There’s some chance he’ll follow by claiming there’s an issue with the tapes. You should have him sign a document that he accepts the tapes and materials recorded on them as is. If he pays, wait until the check clears.

[Dominique Lee]

He didn’t reply to me asking for $15 each tape. He did say he’s expecting them in five days. No money no tapes. Once again. He tried. I’m not withholding anything. If you don’t pay for something you don’t get it. “No ticket, no laundry.” lol.