[John Baumchen]

Some information I found on the web regarding this subject.

The owner of a copyright is the author unless the work is prepared by an employee or by an independent contractor as a work made for hire. Where a work is created by an employee, the employer is the copyright owner. Where the work is created by an independent contractor as a work made for hire, the person or company that hired the independent contractor is typically the copyright owner.

Work for hire is a concept of intellectual property protection outlined in Section 101 of the 1976 Copyright Act. In most cases, the person who creates a copyrightable work—such as a story, poem, song, sculpture, graphic design, or computer program—holds the copyright for that work.

A copyright is a form of legal protection which gives the holder sole rights to exploit the work for financial gain for a certain period of time, usually 35 years.

In contrast, the copyright for a work for hire is owned by the company that hires the person to create the work or pays for the development of the work. The creator holds no rights to a work for hire under the law. Instead, the employer is solely entitled to exploit the work and profit from it. The concept of work for hire is different from the creator transferring ownership of a copyrightable work, because the latter arrangement allows the creator to reacquire rights to the work after the copyright period expires.

There are two main categories of copyrightable materials that can be considered works for hire. One category encompasses works that are prepared by employees within the scope of their employment. For example, if a software engineer employed by Microsoft writes a computer program, it is considered a work for hire and the company owns the program.

The second category includes works created by independent contractors that are specially commissioned by a company.

In order to be considered works for hire, such works must fall into a category specifically covered by the law, and the two parties must expressly agree in a contract that it is a work made for hire.

“If you show up to a job where somebody tells you what to do and when to do it, and for that you’re rewarded with a paycheck, then your work product is classified as a work for hire and you don’t own the copyright on it. Instead, it automatically becomes copyrighted in the name of the company,” Michael Bertin explained in the Austin Chronicle. In the situation of independent contractors, he added, “There are two criteria for works for hire. It has to fit into one of nine specific categories, and there has to be a contract stipulating that it’s a ‘work for hire.’ If one of those two elements is missing, then the work in question is not, repeat not, a work for hire.”

I should also point out that I am not a lawyer and this should not be construed as legal advice.

Cheers.

[John Baumchen]

“Typically, it would belong to the station you worked for when you shot it, unless you shot it freelance, even then it might be considered a “work for hire” and owned by them.”

I always understood that if you are not an employee, any video you shoot, all rights belon to you.

Correct me if I’m wrong, but it can never be assumed that the job is a work for hire. Unless the contract or agreement SPECIFICALLY states that the project/job/gig is a “work for hire”, then the production company/freelancer owns the copyright.

[John Baumchen]

I used to charge 1/2 up front, 1/4 on delivery of the rough cut, and the balance due on delivery.

If I were still self employed, I would continue with that strategy.

Good on you for at least getting half.

[John Baumchen]

Call it a ‘processing fee, conveninece charge, admin fee…’, I’ve checkd with the credit card companies about this issue, (me being the one charged the extra), and their position was “who cares”.

[John Baumchen]

Thanks Noah, very educational.

[John Baumchen]

Thanks Noah, very educational.

[John Baumchen]

Thanks Ty,you’ve given me some great points to consider. Much appreciated.

[John Baumchen]

It sounds to me that all you have to do is go to your nearest bix box discount store, buy a new EIDE HDD, and install it.

Having worked for a large Japaneese electronics company in aftermarket support, can say that their attitude is unusual.

We used to sell tech manuals and parts if the customer desired. Just don’t ask us to help you fix it if you decide to do it yourself.

Anyway, this sounds no more difficult that replacing a drive in a pc.

Cheers.

[John Baumchen]

I would suggest that you stay away from subjective terms like minor and major. It doesn’t really matter if you’re charging by the hour.

I always had a section in my agreements dealing with changes and submitted a change order form to the client for approval before I did any changes.

The only items contained in the change order are a description of the changes the client wants, the estimated time it will require to effect the changes, and the hourly rate that will be charged.

Once the client signs, dates and returns the change order, it’s time to go to work on it.

[John Baumchen]

I’d give them a set price on one line using a 16 point font, then give them 4 pages of conditions that the price is dependent on, conditions they can’t possibly meet and put it in 4 point font.