Shoot, Edit, Uh oh…

[Patrick Ortman]

Also, and here’s something that may not OFTEN happen in this industry, but it can- and does- in others that are related. Our contracts have a specific clause that states that the client says they own the rights to the footage we’re using. Because, our lawyer told us, if we don’t have this clause to protect us, and we work with illegal footage, we may get named in a lawsuit, too.

Personally, if I knew the producer was basically stealing footage, it’s best to sever that relationship immediately.

—————————-
PatrickOrtman, Inc.
Los Angeles Digital Agency and Video Production Company

[Bill Davis]

That’s very smart.

But the OP specified that there was no written agreement in this case.

All sorts of “breech of contract” possibilities come into play if you do have a contract.

Without one you largely have conjecture between two parties unless you opt for court and have witnesses.

“Before speaking out ask yourself whether your words are true, whether they are respectful and whether they are needed in our civil discussions.”-Justice O’Conner

[Rich Rubasch]

I printed some of the advice given here and I presented it to the producer after a pleasant positive conversation. Contracts are being drawn up, everyone will get paid and we’ll get this sucker done.

Told the producer to use this experience as a learning moment and to not hang his head because things became a bit unraveled.

Negotiating with the right perspective and with a clear head can make the difference….add in a little advice from the COW and you have an actual SOLUTION!

Thanks all.

Rich Rubasch
Tilt Media Inc.
Video Production, Post, Studio Sound Stage
Founder/President/Editor/Designer/Animator
https://www.tiltmedia.com

[Mark Suszko]

And you never even had to mention the Ultimate Weapon: Bob! 🙂

[Rich Rubasch]

Bob would have been my trump card if it had gotten more out of hand!

Rich Rubasch
Tilt Media Inc.
Video Production, Post, Studio Sound Stage
Founder/President/Editor/Designer/Animator
https://www.tiltmedia.com

[John Cummings]

Just curious Rich, what if the cameraman showed up in your lobby demanding the original media and insisting you delete any and all footage off your servers?

J.Cummings
Cameralogic Inc.
Chicago/Cleveland
HDX-900/HDW-730S/Nanoflash

[Steve Wargo]

I stopped the post production of a feature film in 2002, under the very same circumstances and it is still sitting “in the can” waiting for finish edit. I threatened the post house with ” complicity” and halted work after a brief phone call to the attorney.

Steve Wargo
Tempe, Arizona
It’s a dry heat!

Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .

Ask me how to Market Yourself using Send Out Cards

[Mike Cohen]

Did the camera guy do the 12 days of work as a charitable contribution towards whatever cause this video is for? Is there a receipt for this contribution?

Nothing in writing = little chance at recourse.

This is Business and Marketing Forum 101 – get it in writing, or you’re on your own once you realize you’ve been hosed.

Does the camera guy own the raw footage even if no money has changed hands? That’s for the legal system to decide.

Mike Cohen

[Daniel Pellegrino]

Hi Walter, Dan here.

I know you guys are debating endlessly over the ownership of the raw footage but as a producer for a Miro-budget film that I funded entirely myself, My DOP and obviously camera operator completely screwed me!

We were all friends on this short and for obvious and spiteful reasons he won’t let me release the final edit of the film as he wants nothing to do with it. He obviously knows that the raw footage is his property and has threatened to sue me if he sees the film online or in any film festivals.

I understand that if I take his name off the credits it will soften the blow but if I do that have I no right what so ever to show the film I wrote, produced and directed? I was also the actor on it so it obviously has my image on it. Where do you think I stand on this? Obviously there was no contracts drawn up…

He was also my photographer for my head shots and is using my image along with many others to promote his services. Can I get him to take them down or does he own them also. I didn’t sign anything with him?

I look forward to your reply

Dan