John Baumchen
Forum Replies Created
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I guess if you’re a member of D&B, you could report the company for late payment. Not that it would hurt them much if they’re a large entity.
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“Absent a written contract or deal memo, a judge is going to assume it’s a work for hire. Almost always.”
When did that change? My understanding is that the contract must specifically state that the contract is a “Work for Hire” and if no contract exists, the shooter owns the copyright.
From copyright.gov
“A “work made for hire” is—
(1) a work prepared by an employee within the scope of his or her employment; or
(2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
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If you have to deliver something, it’s a project. We use a simple MS Access database to sequential number our projects and some notes about it in memo and text fields.
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We use Adobe CC not just for AfterEffects and Photoshop, but for Audition, Illustrator, and Media Encoder. Since they all work seamlessly with each other, makes my job so much easier, all the tools in one bag so to speak.
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You’re welcome Andrew, hope it all works out for ya.
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I would ask why your supervisor isn’t the one taking it up to marketing.
As for titles, if they’re for creating lower thirds, once you proof it in Word, save it as a .txt file and open it in Illustrator, choose your font, and any other graphics you want to give it. Photoshop works too, but illustrator is vector based and gives you better control of your fonts. If you want to add bitmapped graphics, create them in photoshop and then open it in illustrator.
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Unlike the U.S. Act, the concept of “work made for hire” does not exist in Canadian law. As a general rule, the authorship of a work made pursuant to a contract remains with the employee or contractor, even where the ownership is held by the employer. This is contrasted to the law in the U.S. where the author and owner of a work made for hire is the employer (often a corporation). The difference can affect the duration of the copyright. In Canada, the duration of the copyright remains based on the author’s life plus 50 years regardless of whether the work was created in the context of employment or a contract for service.
In the USA, in the absence of a SPECIFIC clause that denotes that the contract is a work for hire, the ownership of the footage remains with the person who shot it. Many people here seem confused about this, thinking that the customer owns everything. They don’t, UNLESS….your contract has a Work For Hire clause. It must be SPECIFIC, and cannot be implied.
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Well, Just to throw my $0.02 in..
As a freelancer, your time is what the client is paying for. If you’re traveling an hour across town because that’s where the client wants to shoot, that’s 2 hours of your time, (round trip), that you can’t sell to anyone else, spend promoting the business, conducting sales, networking…… Why wouldn’t you charge for it? If the client was a steady one, I’d certainly cut them a discount for it, but hey, time is money.
As for the equipment, If you’re charging a certain amount for a certain number of hours, and the day is extended, that means putting more wear and tear on your gear. Why wouldn’t you charge for that?
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Thanks Martin,
We use the NAS primarily as one prong of a backup for the SAN, and power it down when not backing up. I’ve found that if there is a power outage, the controller card really doesn’t like power surges. I’ve replaced two int he past three years from outages that occurred on weekends.
Email is on it’s way.
Cheers.
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I share your pain. It doesn’t seem like it would be a hard thing to allow one to select a default color for markers, but then, I do remember when they were only one color.