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Re: Freelance Editing + non competition agreement

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Scott Sheriff
Re: Freelance Editing + non competition agreement
on Feb 16, 2011 at 1:16:57 am

"Hey Scott,

I noticed that you didn't vote..?

Sorry, I don't get what you mean?

"So far we have only got Lisa's story, so everything else is pure speculation."

I will take her story at face value. We have no reason not to. It sounds credible, and is plausible.

"I've never said that anyone owns any client,..."

Well, lets see what you did say:
"Allow me to disagree with the others on this one: Any one of my freelancers that takes up work directly with anyone of my clients that has been introduced through me, without getting my blessing first, seize with immediate effect to work for me (and being my friend)."

"My clients"? "My freelancers"? You own your clients and freelancers? I'll bet that is news to them.
I'm sorry Mads, but that statement wreaks of ownership and entitlement. Unless you have a contract, I say the client is free to choose whoever they wish.
The producer should have had a contract with PBS if she was that concerned.
Long story short, no contract, no ownership.

This whole idea that an introduction to a potential employer means you owe this person a royalty is a straw man. Job one everyone got paid for the job they did. End of story, end of relationship, no contract, no one owes anyone anything. Equilibrium.
Job #2 starts from that point. Why does Lisa owe the producer for this work? And how is it unethical to accept this work? (double face palm)

Is she the victim of a grinder? It's up to her to decide that. Sometimes fast nickles beats slow dollars.
As far as her rate etc, that is a completely separate issue, and not the one at hand. The issue is the non-compete contract.

"What we do know is that Lisa is not a loyal freelancer, and to support her claim she is quite happy to go through other peoples private notes, including publishing them -"

These are no longer private when they are carelessly left in her home. This is an admitted gray area. It is clear that the producer was careless, and sloppy.

So there is always someone that comes along that will work for less.
So what??? Why do so many people think they can hide their lack of competitiveness behind a non-compete? IMHO, it is about a sense of entitlement.
Either you change your rate, offer more for the money, or let them go. If a competitor can do the same work for less money, it is up to you to figure out how they are able to do that. Sometimes the client finds out the lower priced person cuts too many corners, and comes back. And sometimes they don't. And sometimes it means there are a million FCP licenses out there and the market is saturated, and the good old days are over.

Similar situation:
I replaced a Director on a show that didn't TD his own show. I do. The TD that used to get that gig isn't needed. I didn't charge more even though I did what amount to two jobs. I just like to cut my own show when possible. The TD went around whining to everyone about how I screwed him. I didn't screw him at all. What screwed him was his sense of entitlement. If he knew how to Direct, he could have gotten the gig. But he thought he owned the TD slot on this gig, and thought he was untouchable, and never bothered to learn another job. In the freelance world, unless you have a contract you don't own sh*t.

Scott Sheriff

I have a system, it has stuff in it, and stuff hooked to it. I have a camera, it can record stuff. I read the manuals, and know how to use this stuff and lots of other stuff too.
You should be suitably impressed...

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