Harry Powell
Forum Replies Created
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Belated thanks for the tip Chris. It kind of threw me after my previous research.. so I’ve been doing some more.
The refurb does seem quite expensive for ‘last years technology’ (and it’s even more expensive on the US Apple site, which is highly unusual!)
I don’t suppose you could elaborate a bit more, as I am feeling a little apprehensive about how much to spend? Perhaps I should go for an older model, and have more money left over for memory, drives graphics card etc upgrade?
And I just found this which suggests the refurb is a better performer than the ‘nehalem’.. ? Any further thoughts?
https://www.macrumors.com/2009/03/14/updated-mac-pro-benchmarks-and-video-of-internals/
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Thanks Shane for the markers tip. Fortunately, the talent hasn’t been shot yet so not too late to use markers!
I’m probably jumping the gun here because this job is only half-confirmed… but the perspective that needs emulating is quite shallow (i.e. zoomed in). Do I need to make sure that the tracking markers on the greenscreen background are also sharp/in-focus to remain usable?
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Thanks John for that brainwave!
Although I’ve used the Motion tab within FCP’s Viewer, I’ve never actually used Motion itself.
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Hi Mike – My brain was starting to hurt through lack of sleep, so many thanks for taking the trouble to clarify further. I’ll check out the link. I’m genuinely touched by people’s support here.
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[walter biscardi] ”
All I’ll state is what I said in the beginning. If she paid you for your services and paid a tape stock fee, she owns them. I’ll never do business any other way and it hasn’t hurt me one bit in 8 years.”Sincerely appreciate the advice Walter. I know you are speaking from a lot more experience than I have. I used a total of 9 tapes for the shoot. Total cost (at current US/UK exchange rates) is precisely $14.65. I never charged her seperately for the stock. Does that mean I am fully justified in keeping the rushes?
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Hi Mike
[Mike Smith] “But for collaborative works like video, “authorship” can be a tricky issue. The advice I have been given is that the author and copyright owner in the event of a dispute is normally taken to be the person who made the arrangements for the work to be created – the producer (not the person who pushes the record button on the VT in studio, nor the person who pushes record on the camera / one of the cameras).”
That sounded a bit worrying when I read it, but Chris’ response reassured me a bit. Is what he said UK-applicable too? I’d like to think that I’m not just a button pusher(!). I may come across as a newbie (which I am in terms of running my own operation) and I’ve never exactly been prolific, but many years ago I directed TV commercials and won about a dozen awards for a couple of short films I wrote, directed and edited.
In terms of the copyright of the finished product, we have verbally agreed that we can both use it for promotional/portfolio purposes and that we would need each others permission for anything else.
[Mike Smith] ”
In your case, it seems you agree your client was the producer. If you cannot resolve this amicably you will want to take legal advice, but it seems to me that, in a dispute, she will very likely be found to be the copyright owner in the finished work.”I said my client was the producer of the show, but not of the DVD/video production/creation. Or at least that’s what I’m trying to ascertain. I was left to my own devices for the shoot (creatively and logistically) and her feedback in post (where I used my own equipment in my own office) was the usual client/editor one. In the credits my website is actually listed under ‘DVD production’ if that helps?
There is some video work I created for the show that is projected. I’m not laying claim to that because that is part of the show and she produced the show.
I guess I’ve come full circle. Please someone tell me that she can’t claim to have ‘produced’ (in the sense of owning SOLE copyright) of the video recording/edit/DVD of the show… or has that already been answered.. ?
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Thanks Chris and Mike for your extensive and helpful replies, and everyone else who has contributed to this facinating thread!
[Chris Blair] “If this was a low-budget deal and there’s no real prospect for future work, I’d just give her the footage. I doubt she’d pay you a buyout even if you requested it.”
She has mentioned the possibility of more work, though not sure if that was just a ploy to getting the rushes. I fully take on board the wise words about ‘good business’, but for me the central issue is not whether I give her the rushes or not, but whether she has any grounds for stating (rather too bluntly) that she owns them and implicitly threatening non-payment until she had them. I have told her that I think she is possibly mistaken, but that I will double-check the facts and get back to her. If I am mistaken, I have promised her an apology and the rushes. Basically she has made me feel like ‘the villain of the piece’ and I don’t like it, and I want to clear my name… if I am indeed innocent!
To put this into context: She asked for 20% creatively and I gave 200%. I even halved the fee she initially offered so that it matched the figure I already had in mind. And the promotional DVD I produced has already secured her show it’s first prestigious venue (she also mentioned me by name in her application because of the film awards I had won previously). In contrast, during post-production; I don’t think she was ever punctual, kept switching appointment days, was indecisive (things usually reverted to my original cut) .. and basically made it a much longer drawn out process than it should have been. Hey nobody’s perfect.. and we all learn as we go (next time I’ll be charging a daily rate and cancellation fees!) .. but she is a talented choreographer and the end product is beautiful and will serve both our portfolios very well.
[Chris Blair] “In the absence of an agreement prior to production, and as long as you’re not doing “work for hire,” (meaning you’re not an employee of the producer) YOU own the footage.”
Can you define “work for hire” please? What’s to stop her believing that it was “work for hire”? Is it to do with working for a daily rate rather than a flat fee? I count myself as self-employed and I invoiced her, and the cheque was made out to me personally (rather than a company name) if that is relevant. Also, is it perhaps the case that even without a verbal or written agreement (that doesn’t mention rushes) that ownership would just as legally be mine?
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I am having a very similar problem myself right now! I’m in the UK also. My client has been advised that she owns the rushes and that I should hand them over. She claims this on the grounds that she is ‘the producer’ and producers own the rushes.
The original agreement was confirmed by email, i.e. I listed what I would do for the fixed fee, and she replied agreeing to it, and thanked me for being so clear and comprehensive. However, the list did not specify who keeps the rushes.
To summarize, I offered a fixed fee deal to produce a promotional DVD by; shooting (+ hiring a 2nd shooter), editing, designing and authoring the DVD, including packaging. All tape and equipment costs etc included.
The subject was a one-off live performance of a contemporary dance piece that she funded, developed, designed and choreographed. I had to capture the live show as best as possible for a full-version edit and a promo edit. I was left completely to my own devices creatively on how to shoot it (I also directed the other camera and we shot rehearsal also), and in the post-production it was the the usual client/editor etc working relationship set-up.
If it matters, this was done on a shoestring with consumer miniDV but using the usual Apple pro apps for post. I was happy to accept a miniscule fee because I did it for the creative and technical challenge. And I was happy to do more than the original agreement, but in terms of handing over rushes.. well there is a limit. She loves the results… and of course I agree she produced the show itself, but can she have any justification at all for her claim to the rushes because she is ‘the producer’.
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Hi Zane
You were right! I did an ‘archive and install’ and it fixed the problem! Many many thanks for ending many days of frustration.
Harry
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Hi Zane
Good idea. Would an ‘archive and install’ suffice? Not done it in a while so not sure if there’s a risk of losing anything. My original disks are actually 10.3.5 (updated since to 10.3.9 from ‘software update’). Might that be a problem? Don’t have spare capacity for a back-up right now.
My other problem is that on Monday, I thought I’d try ‘Optimising'(defragmenting) my drive (using Techtool 4) to see if that would help.. and it is still running! It is making progress, but at this rate it might take another day or 2 to complete! (though it’s hard to be sure). Perhaps I should not have deselected the default setting of ‘files only’?
And my other problem (because of the above) is that I have to pop out to an internet cafe for internet access.. where I am now!
Thanks for your suggestion and I’ll do my best to check back for any follow up suggestions.