Forum Replies Created
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John Baumchen
January 24, 2012 at 11:27 pm in reply to: No Contract Was Signed — Client Pulling the Ol’ Rope-a-dope!I was in a situation like this early on in my career. The only difference was that I knew the client was a grinder, got ground up on the job I did for them, but was able to return the favor when they wanted the raw stuff.
Agreed that the best way sometimes is to just hand it over, but when people make statements that the client ‘owns’ it, just irks me.
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John Baumchen
January 23, 2012 at 4:12 pm in reply to: No Contract Was Signed — Client Pulling the Ol’ Rope-a-dope!What do you mean they own everything? They paid for the edits, not the source. Absent a specific agreement that the job is a work for hire, the video company owns the copyrights.
If you want to give your assets away, that’s your choice, but please don’t try to tell others seeking advice that just because the client paid full price, they own the ‘negatives’, it isn’t so.
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You’ve been given some great advice by experienced and knowledgeable people after having asked for it. If you want to do it against their advice, go for it, but you’ve been warned.
It’s only your time….that’s all you have.
What I don’t understand is….the 60/40 split for sponsorships. I assume that the sponsor will be paying specifically for the video part of the competition? If so, then why on earth would you agree to any kind of split? You’re shooting it, editing it, and creating the DVD’s…. Why would you share sponsorship money meant to cover the video?
If it’s sponsorship of the pagent….then you should have access to the books to see how much it is.
As for rights and taxes, anyone who wants you to sign the conditions you stated IS NOT YOUR FRIEND. Let me repeat…THEY ARE NOT YOUR FRIEND.
Good luck to you.
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John Baumchen
September 20, 2011 at 4:18 pm in reply to: Best illustration of a “Grinder” client I’ve seen this weekWell done! I had a good laugh.
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Interesting that on one hand they say they don’t like the quality of the work and then want the raw footage.
Like others have said, if your agreement doesn’t clearly specify that the project is a work for hire, then it’s your footage and you can sell it for whatever and to whomever you want. You own the copyright.
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Not that this is related to your post but I always wondered why is it that when a company steals from an individual, it’s civil action, but when the reverse is true, it’s a criminal action.
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I see a bright future for Adobe.
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I used to charge $95/hour, (in 2003). Didn’t matter if it was shooting, writing, editing……it was $95/hr
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Look at it as a commission, as if he were a salesman for your company, which in essence, he is. Many sales people don’t get involved in the heavy lifting of actually doing the work, they just find the clients and sell the services.
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Here’s my $0.02
I’d suggest that if he merely passes you information that leads to a job, give him 10% of that job.
If he actively sells your company and services to a client that turns out to be a job, then I’d be inclined to give him 25% of that job and 5% of any subsequent job you get from that client.
I feel that if he’s bringing business your way, why not?