Patrick Ortman
2
COW Coins
Forum Replies Created
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Agree in general with that. I’m working on a trashcan.
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OK. So…
FCP XML is not working right (for me!) in this rev. However, AAF is mostly working. So, critical deadline will be OK.I’m still having issues with AAF and audio, in that I find a lot of my audio doesn’t come through. But seeing as I’m one of the weirdos still using Resolve for picture-only, that doesn’t concern me at this time.
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Update: I am able to import a piece of the media by itself and play it back in both the Edit and Color panels, which points to an import issue? Exploring…
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☺ sorry about that, Todd.
You’re completely right.
It’s a very odd, unusual situation. SAG is required (Taft-Hartley) for the actors because of the new production company’s involvement, as they are taking the old TVC and making a new one by using it and they are SAG signatory due to the new talent’s involvement.
What I’ve been told by a couple of pros who work in the bigger agency world is, how they tend to deal with this is a new agreement with the old prodco, which involves them getting specific rights and paying a bit of money for said rights. The pitfalls to watch out for are plentiful, of course.
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Mark:
Again, the original poster said 1) it was not a work-for-hire in the contract and 2) is not trying to sell the footage ala Flagler v. Walmart.
Plus, he’s not from the USA, anyway.
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Hi Dave!
The audio isn’t compressed, although I thought that warning was in order to not tax the system resources. Interesting that it could affect the levels, etc., too. But that makes sense if it’s decoded incorrectly somehow.
P
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Mark said: “Even in rare cases where you retain the rights to what you shot as work for hire, it does not necessarily follow that you can yourself sell or profit by that raw footage without the original commissioning party’s agreement,”
Mark: the original poster made it clear there was no agreement that this was a ‘work for hire’. Absent such agreement, he may have legal rights which he ought to consult a real-life attorney about. Whether or not he decides to act upon such rights is truly up to him.
But I’ll add: nobody can ‘kill’ your career but you. One client can’t kill you. You’re right that bad behavior over time can kill you. But I’m old enough finally to see that every situation is different, and that one ought to approach each client engagement as a partnership instead of a serfdom. Do the best for your clients, always. Treat them right. And expect them to do right by you. If they don’t, fire them and move on. When I finally learned this, my career took off bigtime.
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Timecode in big numbers over the video, and charge by the hour or whatever your deal is with them. They do not work for free, and if they’re a good client they will not expect you to, either. We all know that doing this kind of thing takes real time.
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Talk to an intellectual property lawyer in Canada. There are probably ones online who are really inexpensive but good.
You will be surprised, even in the USA, how much you own versus the client in many cases. Don’t take anyone’s word here as “the law”, because there’s a ton of misinformation from people who make a lot of assumptions.
Los Angeles and New York video production for businesses and brands:
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I’ve been doing this long enough to chime in:
Our services include creative consulting, and we get paid for that- not “just” for shooting. If you tend to do a lot of creative consulting with clients, you should charge for those services, and your contracts should be structured to make sure you get paid for that time.
You must also have a kill fee or liquidation clause in your contract. It will say that all or part of the money you have received to date is yours, even if they cancel. It still blows my mind that otherwise smart people don’t include something like this. This is business, and if you’re providing a service that’s valuable, you need to cover yourself in case a client needs to cancel, or you will not be in business very long.
Sorry is this seems a bit harsh. But the clearer your working relationship is with your clients, the better your relationship. If they look at you as providing more than a commodity service, they’ll happily treat you right, if you show them how to do that. Having clear contracts and milestones in payments helps everybody.
Los Angeles and New York video production for businesses and brands:
https://patrickortman.com