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Re: Raw Footage, No Contract, No Deal

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Mark SuszkoRe: Raw Footage, No Contract, No Deal
by on May 30, 2011 at 12:00:14 am

"Messin' with the big boys now" .... so, the "Big Boys" have their music vids shot on DV now?

I.A.N.A.L., but my opinion personally is:

The original footage remains yours, unless specifically mentioned otherwise in a VALID contract. Your deal was to deliver a finished product. Did you? Then you should get paid. Verbal contracts without any proof are not worth the paper they are not written on. Contracts also are unenforceable unless proven valid, for example thru proof there was "consideration". Meaning, in this case, there is a canceled check or receipt to prove money, any amount of money, changed hands. With only a verbal agreement and no exchange of money, I doubt a judge is going to rule that there was a valid contract. You can ask the judge to force the artist to give you back the master, if you have not been paid. The burden will be on them to prove they paid you. If they want your raw footage and have no contractual basis to claim it, it's your right to keep it or sell it to them for however much you care to charge. It is less clear legally that you would be able to use that raw footage for any other purpose, but let's leave that aside for now. Bottom line right now is: you own it. If they want it, and you're willing to sell it as a separate deal, that's between the two of you. If keeping your name on your work is that important to you, I've got news: this client doesn't strike me as one that will keep that bargain, once they have what they wanted. You may have to just resign yourself to the fact this project is never going to be publicly seen, under the conditions you want.

As far as the client's personal baggage about their religion, it has no bearing on the deal, unless there was a written and co-signed memo about it. Clearly, this person and you are not a good fit, Domenique, and you should cut your losses and part ways. No good will come or continuing to communicate with this person or anybody but his/her actual lawyer. A real lawyer will tell you his name, heck, his real lawyer is going to send you written materials. Insist on all communication being by written and certified mail. I think this client;s behavior is all bluffing and bullying from a borderline crazy person. BTW, that has nothing to do with them being religious, necessarily. Plenty of crazy agnostics out there as well.

Next time they call you quoting scripture, tell them to look up Matthew: "The worker is worth his wage", and hang up. Use caller ID to block further crank calls, record incoming calls and keep a log. Build evidence for a harassment case. Or just walk away. These types feed on drama, and more attention only nurtures their illness. You can find other religious artists that don't have the same baggage.

Mostly, don't be intimidated. Jesus ministered to sinners and unbelievers, tax collectors and prostitutes, without shame. He came to save ALL. If it's good enough for Jesus, it's good enough for you, I should think. Talk to your atheist friend as and when you like, this "artist" has no right to judge you for it. Frankly, if only half of what you've described about this interaction is true, the artist isn't much of a true Christian in the first place.


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