Who owns the raw files?

[Richard Herd]

[Todd Terry] “images and sound are two completely different things”

I hope the OP is still reading. To recap some but not all the issues required in a proper contract:

— work for hire
— original copyright/original work
— derivative work
— sync rights
— performance rights
— publishing rights

I very much suggest getting a lawyer to (a) wade through this, and (b) write up a proper contract. From there, the OP will be in a very strong business position.

[Mads Nybo jørgensen]

Hey Nae,

Won’t repeat all the other good advice here. However, if you are still talking it might be worth “horse-trading” on the following issues as per my understanding:

• The video will not be used as is – neither you or the “director” can use it. At which point it is not fit for purpose. If you cannot come to an arrangement, then you should ask for your money back – all of them.
• It is in neither party’s interest to have the video shelved, as it would have been a waste of of money and effort + both parties needs to be published in order to find future fortunes.
• There can be many reasons for why a creative will not hand over the source materials. One can be that there was issues with the footage, another can be professional pride, or just that they want to keep creative control. It may be worth exploring the point that you feel that you need a specialist music promo editor to complete the job and tidy it up, and that you will do so without harming the reputation of the director.
• You could also add that all of the copyright to the footage lies with the director as long as both parties agrees that it must only be used for the purpose of producing your music promo, unless otherwise agreed mutually. However, you do need access to all of the rushes in order to get the final product that you expected and that the supplier, even when adding extra costs, failed to deliver.

I am not a lawyer, but in this case if you use one, you will need to be prepared to go to court – the cost of both lawyer, litigation (keeping in mind that you may loose and have to pay the other side), far outweighs the cost of doing the whole project with someone else. It would be interesting to see the reaction from the Director if they get a “cease and desist letter” from you demanding that make no use of any of the footage related to your production until a mutual agreement have been reached.

If he complains, do remind him that the substandard post-production was due to him being “Over the budget, and that the agreed animator and video editor would not be afforded due to an overage of the budget”. However way he looks at it, in your opinion he was as the supplier in charge of the budget and never shared itemized accounts for the production. Which brings us back to the Not-Fit-For-Purpose, a line that will hopefully help you both to resolve your differences.

Good Luck – and don’t give up!

All the Best
Mads

@madsvid, London, UK
Check out my other hangouts:
Twitter: @madsvid
https://mads-thinkingoutloud.blogspot.co.uk

[Nae Williams]

WOw, such wonderful advice and i thank you all for it.

now when i asked for the video (the edited version of the video) raw files aside, the director told me that he wasn’t going to send it over to me until i have a blog premiere it, although he is not apart of my hired creative team. I’ve hired an online PR to premiere the video, but after 5k almost 6k, am now being told I can’t even have a download link to the video? This can’t be legal? I would never and have never agreed to such terms with him. It seems to be a power struggle with him. I paid almost 6k and walked away with nothing. This seems the time to get an attorney involved?

[Mads Nybo jørgensen]

Hey Nae,

Sounds like you should not be speaking directly with the director.

[Nae williams] “It seems to be a power struggle with him. I paid almost 6k and walked away with nothing. This seems the time to get an attorney involved?”

If you have the money and are willing to spend them, by all means hire an attorney.

One good reason to involve a lawyer is to move the problem away from yourself at an arms length – as in that you will no longer be having any direct communications with the other side, and that this “neutral intermediate” may help achieve a satisfactory outcome, rather than one of demands and counter demands (you want rushes, he wants publicity for the already finished product).

So yes, a legal representation can be a good thing to insert between you and the director.

However, to save some money, before going to the lawyer write up a list of what you want, and what you are willing to offer in return? Although you have paid above the agreed price, it will be easier for you to get what you want if you make the other side feel like a winner too.

All the Best
Mads

@madsvid, London, UK
Check out my other hangouts:
Twitter: @madsvid
https://mads-thinkingoutloud.blogspot.co.uk