[Olly Lawer]

Thanks I appreciate the replies.

Re the speed of my Mac’s – well I would hope a brand new quad core Mac (i5 or i7) could cope with it. The question is could my MacBook Pro?

I meet the spec (having a 64 bit processor – all be it the bottom end with a Duo Core 2), but will my graphics card stand up to it? GeForce 8600M GT?

Also, looking at the reviews, Apple have separated off the into ‘current’ and ‘previous’ reviews and I note we are now on 10.0.2

What I wonder is it is clear the XML issue has been resolved, but what about all these things beloew that one poster has kindly mentioned in their review…

Number 4 springs out at me!!

If you are a professional user, you almost certainly have no need to buy this. Save your money until it develops further.

Things this version of Final Cut cannot do and other issues:

L Cannot import FCP 7 and older projects.

2. No EDL import/export.

3. No XML import/export.

4. Many reporcs (look on the support forums) of Camera incompatibility (despite official specs), hard drive incompatibiliry, graphics card incompatiillty (only the newest will work) and frequent crashes (with crash logs posted).

5. Do edit/playout to tape – essential for broadcast pros.

6. No HD-SDI out.

7. No ability to customise window layout and send full screen preview to an external monitor/device.

8. No way to quickly switch anamorphlc on/off.

9. No option to choose arbitrary timeline formats (not even ProRes LT it seems).

10. Many complaints about the Magetic Timeline.

11. No true multiclip/multicam editing.

12. Can’t choose custom per-project scratch/capture/render file locations.

13. Opening program loads all projects ever worked on it seems!

14. Can’t set timeline start timecode.

15. No native OMF export.

WORST of all… none of these are mentioned anywhere in the official specs.

I’m sure there are more…..

I am HOPING all this changes – there are some amazing new features, but without all the above, this Is useless for many pro users.

Olly Lawer

[Olly Lawer]

Thanks. I thought as much.

Its by no means unusable, but it would be good to clean it up. It wasn’t an option to drop the background sound and add in later.

Kind regards,

Olly Lawer

[Olly Lawer]

As it turned out within their contract with the franchiser, they must give up all footage with no free at any time to franchiser wants it. Therefore it was pointless me going down the rate of trying to retain the rights to the footage. However, I did get a lot of the other parts changed and it seems they were simply mistakes, which is great.

Let’s hope that in the future has some good returns for me. Only time will tell.

Thanks again for your advice. I’ll be sure to come back here later and tell you the outcome either way.

Olly Lawer

[Olly Lawer]

Thanks for your advice. I know it sounds like I’m ignoring the good advice here. And it is sound advice. But for me I’ve left it too late. I’ve already agreed to film and edit the event and see where it leads. As I’ve said, pulling out now will do more damage than wasting my time. It’s all too true that in hind sight I might look back and regret it – but I am where I am.

What this post was more about is limiting the risk to me. That’s what’s important now.

As I understand it with regards to the footage and them owning the rights, they want to protect themselves from me running off with the footage.

I am keen to know from those more experienced than me would do tomorrow – considering all that I have said and imagining you were in the same place, having made the decisions I have.

Olly Lawer

[Olly Lawer]

“It’s not their footage until they pay for it.”

Even if I sign it over in a contract?

Olly Lawer

[Olly Lawer]

Thanks again.

So basically if I want to go ahead, ask for the contract to state:

1. That the footage rights are JOINTLY owned and that neither party can sell or otherwise any of the footage without the other parties concent.

2. Tax matters are the responsibility of EACH party for THEIR share only

3. Cost associated with the production are fronted by BOTH parties jointly, BEFORE any 60/40 split.

That should at least limit any damage a disagreement in the future might cause…right?

Olly Lawer

[Olly Lawer]

Thanks for your advice.

I should explain a bit more I think and also I have pasted the contact (with a couple of bits removed) for obvious reasons.

Firstly, I do trust these people not to double cross me, however, I would still like to firm up the contract more in my favour – just in case…

They didn’t bully me into this decision, I agreed to film the ‘first shoot’ for free and then I said they would want to film the others and these would be charged. They then came up with a 60/40 split on sponsorship (for which we have both agreed 2 packages). It may well be the case that I end up having learned the hard way not to enter into these agreements, but I like to be optimistic and make the best of a situation.

I don’t feel like I can bail out the agreement as I have already filmed a few shoots and my word is my bond – I have already agreed to this in principal and to exit it now would be breaking that. I also believe breaking it would damage my reputation more than making the mistake of committing my time for free.

Whether the fruits of my labour are realised remains to be seen, but my main aim is to firm up the contract right now so I feel more comfortable with it and limit any possible future negative consequences.

You’ve given some really helpful advice so far and I would really appreciate it if you could extend that to helping me achieve this aim. Although I respect your opinion that you wouldn’t enter into agreement.

By the way, it is raising money for charity and the people running it are more than likely to make a loss from this project.

I’ve pasted the agreement and highlighted some bits (there are some typos):

THIS AGREEMENT is made between –
< XXX a nanu incorporated under the laws of England
and Wales (Company Number XXX» t ^L^red office is at XXX
2. ME at MY COMPANY

WHEREAS:
(A) The parties have agreed to with Video Production for the event XXX
provide and allow access to each other s Confidential Information (defined below) to discuss
learning and development plans and THUS’ success crrteria with a view to the parties
establishing commercial relations (the “Purpose”)

(B) The organisers XXX Have agreed for MY COMPANY to work with them for the project XXX with

(C) Each party agrees to protect the Confidential Information of the other

1. INTRODUCTION, PARTIES AND TERMINOLOGY
The Organisers – XXX – The Organisers of XXX
The Production Team – MY COMPANY. The company providing video shoots / editing service
throughout the XXX competition.
The Contestants – The finalists of XXX

2. PRODUCTION AGREEMENT

2.1 XXX Organisers give the Production Team permission to film events
throughout the XXX campaign providing the organisers see any
footage for sign off before it is released to the public and that it is an organised event agreed
with the organisers and the productions team.

2.2 The organisers own all rights to the footage however give the Productions team rights to post footage to their own sites for publicity providing that content had been pre approved

2.3 The production team with give the Organisers raw footage of any event if required.

2 4 Any videos released in association with the competition must state XXX or
YYY along with the website XXX organised by XXX along with the organiser’s logos

2 5 The Video production team may put their logo onto the footage created for the XXX event and may use the title of Official Video Production team / service or This Video was produced by MY COMPANY

2.6 The organisers will not charge the production team a fee for being the official video
production team

2 7 Before. During and Following the XXX final, if any documentary or sponsorship packages are sold, after organisers costs such as sales of the package the organisers will take 60% and the production team will be paid 40%.

2.8 The video production team is responsible for all taxes / insurance occurred with revenue
streams as a result of this competition

2 9 The video campaign will be agreed with the organisers and the production team

2 10 All video footage released to the public view, must show the competition in good light, not
discriminating or mocking any contestant or organiser.

2 11 Should any sponsor or person associated with XXX event require video production services as a result of seeing your work, this must go through us and the standard agreement will pay the production company 80% and XXX 20%

2 12 XXX will actively sell your services following on from our final. The organisers will take a 20% cut and 80% will go to the production team

2 13 The Production team will act in a professional manor to all contestants ensuring no favouritism is showed to any contestant

2.14 Should the production team want to use any contestant of XXX for other productions, this must come through XXX.

3. OUR DUTIES

The Organisers hereby undertakes

3.1 To give the production team access to all girts at any organised events

3 2 To allow the production team creative ideas for making the best of the video edits whilst
maintaining the class and reputation of the competition

3 3 To promote the production company to future clients providing further paid work during and
after the competition

3.4 To pay the agreed cut of 40% less costs associated with the organisers running costs of
selling the packages throughout the competition

3.5 To pay 80% of further work sold not associated with the competition. To only use the agreed
production team for this event

4. YOUR DUTIES

4.1 To abide by the terms set in this agreement

4.2 To conduct work in a professional manor providing ethical and moral conduct

4.3 Use your best efforts to promote and publicise the event, organisers and production company
with class and style

4 4 You must permit the XXX organisers full rights to the video footage taken

4.5 Agree to the cuts stated in the agreement

4.6 To ensure no favouritism is shown to any contestant

***

The bold items are the ones that I need to clarify on and also the fact that I will have to talk through how much time I actually have to give to this.

Let me just say this again just for clarity. I trust these people and I do think there is a possibility of making money from this venture. Plus they are helping to promote me to other businesses.

Still, I have been burnt in the past from not firming up a contract.

[Olly Lawer]

By the way. It was a mistake in the contract that all the expenses will be taken out of 40%. This will be changed so a small percentage of around 10% will be taken from the initial hundred percent before it split 60/40.

Olly Lawer

[Olly Lawer]

Thanks.

I’m trying not to laugh at your comment. But obviously this is a serious issue.

I didn’t realise how much time I would spend doing this. However I think it is a good way of getting myself known by putting lots of my work out there. I know it’s a risk but its only my time. However I do realise I need to balance that with how much money I’m getting from other jobs. I don’t think that they’ll run away with the money. But you’re right I need to clarify around the expenses because I don’t want to end up with all my money being absorbed by expenses.

If I was an experienced long-term production company this would probably be a crazy idea. However, I think for a new fledgeling business this might be a good way of getting myself known more.

Regarding signing over the footage. They are just worried that I can use the footage for anything I like so by giving them the rights they’re protecting themselves. Also it’s a franchise model and therefore they couldn’t allow me to remain to have the rights to the footage.

Olly Lawer

[Olly Lawer]

Thank you for all your replies.

I found a free program in the end that would allow me to do it. Unfortunately, one of the pages is so long that it won’t work properly on screen flow. However I’ve figured out a better solution now.

Olly Lawer