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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 26 Sep 2011 (Monday) 07:11
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client issue - who gets the footage?

 
NivoMedia
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Sep 26, 2011 07:11 |  #1

Ok so over the last year I have been working for a music producer and one of his artists, I have about a years worth of footage (shows, backstage, studio recording etc. all in video)

I shot this documentary style, live show coverage and interview style. So far the producer has been paying me for the videos, I still have some here and I have delivered some to the producer.

Recently I found out that the pair no longer works together - and they both want the footage. I have learned that the payment for the video has been split between the two of them.

There is still a small amount of money that they owe me to deliver the rest of the footage and to film a small segment in the recording studio.

My question for advice would be: who gets the footage, as the both own it - do I deliver the video to the person whos likeness and voice is seen/heard in the video or do I deliver it to the guy who has been paying me for the video?


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va_rider
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Sep 26, 2011 07:17 |  #2

Who is your contract with?


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sspellman
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Sep 26, 2011 07:31 |  #3

Stay focused and professional and deliver the materials to your Client-the person who hired and pays you. It's the Client's problem to distribute it, not yours.


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Mistabernie
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Sep 26, 2011 13:38 |  #4

It's a trick question.

If they owe you money, you don't deliver anything, unless you have an agreement for partial delivery for partial payment.


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RDKirk
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Sep 26, 2011 14:08 |  #5

NivoMedia wrote in post #13164299 (external link)
Ok so over the last year I have been working for a music producer and one of his artists, I have about a years worth of footage (shows, backstage, studio recording etc. all in video)

I shot this documentary style, live show coverage and interview style. So far the producer has been paying me for the videos, I still have some here and I have delivered some to the producer.

Recently I found out that the pair no longer works together - and they both want the footage. I have learned that the payment for the video has been split between the two of them.

There is still a small amount of money that they owe me to deliver the rest of the footage and to film a small segment in the recording studio.

My question for advice would be: who gets the footage, as the both own it - do I deliver the video to the person whos likeness and voice is seen/heard in the video or do I deliver it to the guy who has been paying me for the video?

This is the digital age. You make two copies and sell a copy to each at full price. Or you make one copy and sell to the person who ponies up first.


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tim
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Sep 26, 2011 15:23 |  #6

Give it to whoever paid you, or who you have the contract with.


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pbisfun
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Sep 26, 2011 16:25 |  #7

call them both and ask for the sum of what they owe you. the first one to pay gets the film


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Ledrak
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Sep 26, 2011 19:42 |  #8

tim wrote in post #13166347 (external link)
Give it to whoever paid you, or who you have the contract with.

Agreed. Give it to the person who's been paying you and you've been dealing with all along (or whoever you have the agreement/contract with). Then let them sort their legal mess out on their own.




  
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RDKirk
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Sep 26, 2011 20:47 |  #9

Unless the contract specifies exclusivity, he can sell it to as many people as he wants.


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sfaust
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Sep 27, 2011 16:56 |  #10

Ditto.

It all comes down to the contact. The person you have the contract with, or agreement in the absence of a written contract, is who you are engaged with contractually. Depending on what terms were agreed upon will determine what you can or can't do with the footage. It also will dictate if you need to deliver at all since its possible the contact is void if the other party has not fulfilled their obligation to you (payment).

Until you give us more details on what the terms were with regard to copyright, exclusivity, usage, compensation, etc, its hard to give you any sort of answer with meaning. I.e. was the agreement with both of them? One of them? Was there any guarantee of exclusivity? Were usage terms spelled out? Was payment due on delivery? Partial payments required at various points? Copyright or usage rights granted upon full payment? Was there any agreement on who owns the raw footage? Or did the agreement only cover the final edited product? etc...


Stephen
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HappySnapper90
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Sep 29, 2011 10:03 |  #11

NivoMedia wrote in post #13164299 (external link)
My question for advice would be: who gets the footage, as the both own it - do I deliver the video to the person whos likeness and voice is seen/heard in the video or do I deliver it to the guy who has been paying me for the video?

What does your contract for this endeavor specify?




  
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client issue - who gets the footage?
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