Ron Lindeboom
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COW Coins
Forum Replies Created
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Yeah, what Tim says. ;o)
Don’t offer a reduced rate under any circumstances. Not all work is good work and starting down the discount trail will open a can of worms that you’ll have to eat day after day.
Best,
Ron Lindeboom
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Tony is right that the client holds the rights here, not you. I have done work for BMW in which the contract clearly states that I have no rights whatsoever to anything that I have created for them and under no circumstances can I use it to market myself, show what I have done, or any other use of the material created. Nada. Nine. None. No, no, no. Not a single thing.
It’s actually quite common and so you are left with doing “example variants” of your work performed, work that has the “flavour” of the job you performed while not actually being the work you performed.
Best regards,
Ron Lindeboom
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[shvr] “My client (or boss as he states it) tells me that he wants … any sound effects and music tracks I used or intended to use”
While I would honour most all of the points of this decision based on payment to date as pointed out by David Roth Weiss, I would take exception on sound effects and music tracks. Why? Because likely you are the owner of the music and the one holding the licenses for such and you cannot legally give away the license unless you are the one doing the work. I cannot recall any license that would allow you to give away stock photos, stock footage or sound files which are not part of a *finished* work, and do this legally. It must be a FINISHED work or else (chances are great) you have violated your license.
That’s a line I would not allow anyone to push me over.
Besides, if they do not like what you have come up with, then why are they wanting your third-party choices that are NOT part of the shoot you did, which is the real product in this scenario.
That’s my opinion and that’s what I would do in your circumstances.
Best regards,
Ron Lindeboom
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If you try what Tony Salgado suggests and the client says “No way,” and won’t allow you to use the work in any way or fashion, all is still not lost, as you probably have copies of the After Effects project files, right?
If you do, substitute a different logo and/or do some other tweaks and changes to the files to remove the copyright infractions. Make it known that this is your original work but that you were a sub-contractor on the project seen and did not have copyright clearance to use the company logo in question and so this is an example of your work using a dummy logo.
I wouldn’t do this unless it’s clear that the client is not going to use you anymore, anyway. If that is the case, then you haven’t lost anything by removing the copyrighted portions of the work and showing off your skillset as a compositor.
Best regards,
Ron Lindeboom
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[David Roth Weiss] “The only way to get paid what you truly deserve is to charge for finite periods of time, by the hour, day, or week.”
This is surely the safest way to guarantee avoiding The Job That Would Not Die!
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I tend to believe that people do best in the field or endeavor that they are passionate about. For some (like me), that is music. For others, their passions may run to environmental, political or spiritual issues. Others, love business for business’ own sake.
Depending on your interests, you can point your business mind in that direction and you will usually do better than someone who is just a “hired gun” just glancing at the field.
Me, I have always done best when I do some “pre planning” and think about what I want to achieve and then consider a list of prospects that fit that outlook. I have also then studied the history and focus of the companies that I want to work with and set an appointment to make a presentation based around one of the “holes in their armor” that I have found and one of the ways that I would work to strengthen their position. Usually, they are shocked that you know about them, their plans and goals, when they excel and one area where they have yet to optimize their market presence — never say “failed” as you will put them instantly in an adversarial role nine-times-out-of-ten.
Those are my immediate thoughts coming in a busy and overworked day. ;o)
Best regards,
Ron Lindeboom
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[Kaffe_Boy] “This could be a question for Dan Ebbert, but, since I don
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[Kaffe_Boy] “This could be a question for Dan Ebbert, but, since I don
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I wouldn’t argue that point at all, David. I have seen people totally within their rights lose huge sums and even lose the battle.
Being right, while nice, is not what the courts are about. As I remember being told by a judge many years ago in a court battle that I was a part of: “This is not about what is right or just. It is about what is legal.” That was a real eye-opener and I would agree with you 100%, David, do all you can to stay out of court.
But remember: Many people will bully you with words about taking you to court when, in fact, it many times costs them just as much money to sue you as it does for you to defend yourself. Don’t rollover for every threat either… Sometimes, it’s like a game of poker and the other guy is trying to bluff you.
Ron Lindeboom
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[Greg] “I never sent her my signature back. I never received a deposit check. Does she have ay legal recourse?”
I don’t know where you live or under which set of laws you operate but here where we live (California) a deal is not a deal until a contract has been signed and money changes hands. Some argue that you can bind yourself under a set of legally binding constraints on a verbal agreement but I am 55 and have yet to see this hold water in a court of law. Others may have seen it and I will defer to their greater experience but as of today, I have never seen it hold water.
I think you are pretty safe to say that you are within your rights to bow out of this one. I would.
Best regards,
Ron Lindeboom