Can I make a doomed project worth my while?
April 25, 2007 3:21 AM Subscribe
Evil chefs are holding my money hostage. Do I have a recourse?
I volunteered to perform twelve hours of free videography for people who haven't, after eight months, reimbursed me for rental and expendable expenses. The project they originally asked for (the reason I volunteered at all was to create a portfolio piece) is stalled indefinitely because they "lost" the release forms for the people on video and don't seem to care about finding them or getting the project on track. Now my contact is pressuring me to give her the original twelve tapes because she has a May 1 deadline for some sort of "presskit" project that I have nothing to do with and didn't agree to. There are no contracts, the project I agreed to is dead, and I have not been reimbursed for my out of pocket expenses.
If I hand over tapes, they're gonna be copies -- that's for damn sure (after all: public event, no contract, and they shirked their end of the deal and stiffed me, to boot), but I'm just wondering where I stand legally in all this, and how I can prevent it happening again. Any freelancers want to drop some wisdom on my dumb ass?
I volunteered to perform twelve hours of free videography for people who haven't, after eight months, reimbursed me for rental and expendable expenses. The project they originally asked for (the reason I volunteered at all was to create a portfolio piece) is stalled indefinitely because they "lost" the release forms for the people on video and don't seem to care about finding them or getting the project on track. Now my contact is pressuring me to give her the original twelve tapes because she has a May 1 deadline for some sort of "presskit" project that I have nothing to do with and didn't agree to. There are no contracts, the project I agreed to is dead, and I have not been reimbursed for my out of pocket expenses.
If I hand over tapes, they're gonna be copies -- that's for damn sure (after all: public event, no contract, and they shirked their end of the deal and stiffed me, to boot), but I'm just wondering where I stand legally in all this, and how I can prevent it happening again. Any freelancers want to drop some wisdom on my dumb ass?
All of that presumes that someone agreed to reimburse your expenses even verbally. Did this happen? Why do you think they should reimburse your expenses?
posted by grouse at 3:46 AM on April 25, 2007
posted by grouse at 3:46 AM on April 25, 2007
Contract, contract, contract. They exist so that this very situation, you working and getting screwed for it, does not occur. Don't start any project without one. About.com has a good tutorial for creating your own contract. It's not hard, and is well worth the effort (such as in your current situation). It's also handy in that you can set the specs of the project and also prices for additional work, so if the client comes in and tries to bloat the project up ("oh could you also maybe edit all the videos together into a commercial...") you can either choose to say no as it is not in the original specs, do it at your regular price, or do it at an additional price.
That said, don't give them the tapes. They have no rights over it. You could use this as leverage in getting your funds, "I'd like to give you these videos but you still haven't reimbursed my costs," but I'm not sure if this would have negative repurcussions if you eventually go to small claims court.
Which is probably what you should do, go straight to small claims court. As grouse said, it's harder to enforce or prove a verbal contract, but your videos will help (moreso if any defendent is in one!). Regardless of the outcome, count it as a learning experience, and remember contracts from now on!
posted by Meagan at 3:55 AM on April 25, 2007
That said, don't give them the tapes. They have no rights over it. You could use this as leverage in getting your funds, "I'd like to give you these videos but you still haven't reimbursed my costs," but I'm not sure if this would have negative repurcussions if you eventually go to small claims court.
Which is probably what you should do, go straight to small claims court. As grouse said, it's harder to enforce or prove a verbal contract, but your videos will help (moreso if any defendent is in one!). Regardless of the outcome, count it as a learning experience, and remember contracts from now on!
posted by Meagan at 3:55 AM on April 25, 2007
Possession is nine tenths of the law, remember. If they want the tapes, they pay you - simple.
posted by reklaw at 4:21 AM on April 25, 2007
posted by reklaw at 4:21 AM on April 25, 2007
I am a freelance producer.
Who hired you for the day? Nobody - you were volunteering. Who paid for the tape stock you used? I'm thinking you supplied it, correct? Who paid for the rental of your equipment? You did. Given all that, what possible claim does anyone have on these tapes? None. They belong to you. The fact that it was a public event strengthens your position. Her deadline is her problem, not yours. And a press kit is something she'll use to get publicity and make money, right? Did you volunteer to shoot this event for a press kit? From your description it doesn't sound like you did.
If you want to provide them copies of these tapes, or give them the originals, charge them for it. Why should you eat the costs? Why should they get it for free? Write up a contract outlining what you're providing, including assigning the rights to the footage, and what you are charging for this. Hand over the tapes when the contract is signed and the check has cleared (this will be spelled out in the contract). If you are going to make copies of the tapes for them, make sure you're paid for both sets of tape stock and for your time in duplicating the tapes, again, with a contract. Work begins when you have cash in hand.
You are more or less in the drivers seat right now, because you have something they want and apparently need by May 1. Just calmly tell her that it cost you $xxx.xxx to shoot this event. Break it down by equipment rental, tape stock and your daily or hourly rate. Don't stick it to them, just try to fairly recoup your costs.
I think you should just be professional about this. You just never know when you'll be working with these folks again. It sounds like a project that just didn't pan out and you unfortunately got screwed. Don't bring up small claims court. Just say, "I'm sorry the original project didn't work out because I was excited to participate. But it's great that you're able to INSTEAD use these tapes for your press kit. I'll get a contract over to you that will reimburse me for my costs and assign the rights to this footage to you by tomorrow. We can work this out so you'll have the tapes by May 1."
Good luck.
posted by Kangaroo at 4:50 AM on April 25, 2007 [1 favorite]
Who hired you for the day? Nobody - you were volunteering. Who paid for the tape stock you used? I'm thinking you supplied it, correct? Who paid for the rental of your equipment? You did. Given all that, what possible claim does anyone have on these tapes? None. They belong to you. The fact that it was a public event strengthens your position. Her deadline is her problem, not yours. And a press kit is something she'll use to get publicity and make money, right? Did you volunteer to shoot this event for a press kit? From your description it doesn't sound like you did.
If you want to provide them copies of these tapes, or give them the originals, charge them for it. Why should you eat the costs? Why should they get it for free? Write up a contract outlining what you're providing, including assigning the rights to the footage, and what you are charging for this. Hand over the tapes when the contract is signed and the check has cleared (this will be spelled out in the contract). If you are going to make copies of the tapes for them, make sure you're paid for both sets of tape stock and for your time in duplicating the tapes, again, with a contract. Work begins when you have cash in hand.
You are more or less in the drivers seat right now, because you have something they want and apparently need by May 1. Just calmly tell her that it cost you $xxx.xxx to shoot this event. Break it down by equipment rental, tape stock and your daily or hourly rate. Don't stick it to them, just try to fairly recoup your costs.
I think you should just be professional about this. You just never know when you'll be working with these folks again. It sounds like a project that just didn't pan out and you unfortunately got screwed. Don't bring up small claims court. Just say, "I'm sorry the original project didn't work out because I was excited to participate. But it's great that you're able to INSTEAD use these tapes for your press kit. I'll get a contract over to you that will reimburse me for my costs and assign the rights to this footage to you by tomorrow. We can work this out so you'll have the tapes by May 1."
Good luck.
posted by Kangaroo at 4:50 AM on April 25, 2007 [1 favorite]
I'm not so sure leaving identifying tags will improve any persuasive charm you might bring wish to bring to the negotiations. Expect that people who read this site and see your profile identifying details will form opinions. I'm just sayin'..
posted by peacay at 4:55 AM on April 25, 2007
posted by peacay at 4:55 AM on April 25, 2007
as already stated, the tapes are yours, not theirs.
the deadline: not your problem.
lack of payment for your expenses: your problem.
it's crystal clear, really. good luck.
posted by matteo at 5:16 AM on April 25, 2007
the deadline: not your problem.
lack of payment for your expenses: your problem.
it's crystal clear, really. good luck.
posted by matteo at 5:16 AM on April 25, 2007
You should also enclose a contract regarding use rights to the tapes. After all, if they intend to make money with them, it's unreasonable for them to get your work for free (This implies, among other things, that they have the release forms and they're not sharing). So they should owe you X amount for limited rights and Y amount for unlimited.
And yes, please, edit your tags. Naming and shaming erodes your current moral high ground.
posted by ardgedee at 5:37 AM on April 25, 2007
And yes, please, edit your tags. Naming and shaming erodes your current moral high ground.
posted by ardgedee at 5:37 AM on April 25, 2007
One note:
Next time you have people on camera:
"Please say your name, spell it, your position, your address, your home phone number, and that you consent to be videotaped for project xyz"
it's a backup to a written release - but as the movie Borat goes, technically when you point a camera at someone and interview them, you have their consent (BIG HONKING CAMERA IN YOUR FACE.) Asking them to state so, on camera, is very hard to refute.
How to prevent nonpaying clients? They have deadlines - you're in the drivers seat on this one.
In the future - even if you volunteer; rental money up front. A pay schedule (say 1/4 amount on the day of the shoot, 1/4 at the rough cut, 1/4 at the fine cut, and 1/4 on final delivery). And a contract.
Go get a lawyer (or look at the NOLO books) to get a boilerplate contract and use it, even when volunteering.
Last, don't bow to their pressure. You volunteered and put out money?
"Yes, before I give you the tapes, there were my costs you agreed to cover. You've held off for eight months from covering my costs, with excuses. There is a difference between my time, and what you perceive as a donation to your organization. Until we find a satisfactory resolution, I can't help you."
posted by filmgeek at 8:26 AM on April 25, 2007
Next time you have people on camera:
"Please say your name, spell it, your position, your address, your home phone number, and that you consent to be videotaped for project xyz"
it's a backup to a written release - but as the movie Borat goes, technically when you point a camera at someone and interview them, you have their consent (BIG HONKING CAMERA IN YOUR FACE.) Asking them to state so, on camera, is very hard to refute.
How to prevent nonpaying clients? They have deadlines - you're in the drivers seat on this one.
In the future - even if you volunteer; rental money up front. A pay schedule (say 1/4 amount on the day of the shoot, 1/4 at the rough cut, 1/4 at the fine cut, and 1/4 on final delivery). And a contract.
Go get a lawyer (or look at the NOLO books) to get a boilerplate contract and use it, even when volunteering.
Last, don't bow to their pressure. You volunteered and put out money?
"Yes, before I give you the tapes, there were my costs you agreed to cover. You've held off for eight months from covering my costs, with excuses. There is a difference between my time, and what you perceive as a donation to your organization. Until we find a satisfactory resolution, I can't help you."
posted by filmgeek at 8:26 AM on April 25, 2007
This thread is closed to new comments.
But even a verbal contract is enforceable. It's harder to prove the existence of the contract but it can still be done. The fact that you are only trying to recover reasonable and documented (I hope) expenses you incurred, rather than your own wages, should make it easier. Send a letter, certified mail, to the person who agreed to reimburse your expenses. Tell them you will sue them in small claims court if you don't get payment in ten days, and that you will be happy to hand over the tapes as soon as you are paid in full. If they don't pay you, then sue them in small claims court. This is what it is for.
how I can prevent it happening again
Well, for starters, insist on a written contract next time.
posted by grouse at 3:43 AM on April 25, 2007