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May 4, 2017 at 2:22 PM #93624
This is the first time I’m posting up on here so hope itâ€™s in the right place.
Recently I did some TFP as a videographer and invested around 70hours to film and edit a fashion modelling shoot for free.
I finished with the project; the video ran for 2mins and informed clients that the video was ready to upload. I was then asked if I could do a one minute version of the video which I said I would do but they could only have one video.
Anyway I had to keep I sent several emails to all clients involved on the shoot informing them that I had completed the video which was ready to be used.
I requested that they tagged my name and company name to any site that the video was uploaded to and if they could leave a review on my site which was agreed before the shoot.
The video has now been sent off and I’ve had no emails or messages back from the clients, I’ve had no reviews or any thanks for all the hard work I’ve invested
The work in question is professionally created and is of decent quality that I’ve already had praise from other people so I know that the work has nothing to do with emails ignored.
At this point I’m now concerned that the clients will be using my material for business usage and to make money without my consent as I only agreed that they could us for their portfolio of work.
I am at the stage that I’m no longer going to offer TFP shoots anymore due to the lack of respect you get from doing them.
Has anyone had to deal with this? And how do you deal with clients if they use your work without tagging your details and using without consent if they fail to agree with the terms you originally set out before agreeing to shoot.
Thanks for the advice
May 4, 2017 at 2:23 PM #215524
Thanks in advance for advice
May 4, 2017 at 3:53 PM #215525JackWolcottParticipant
If you don’t have a contract which spells out exactly how the material may be used you’re pretty much out of luck. It would take an attorney to determine whether you retain the copyright on this material or whether this is “work for hire.”
In the future, be sure you have a contract which spells out exactly what you are responsible for, what the client is responsible for, and how the material from the shoot is to be used. And be prepared to prosecute if these terms are violated.
May 4, 2017 at 10:17 PM #215527JohnMcCabe1Participant
Best bet now is to chalk it up to experience. Unfortunately, there is little that you can now do to protect that which is rightly yours. If you’re a rich person (and I don’t know why you would do TFP work for businesses that aren’t friends and family if you aren’t), then hire a good lawyer and do it quickly – before your work is available everywhere.
Jack is absolutely right. You should’ve had a contract completely spelled out and enforceable. Remember, as the shooter, you are the owner of the material unless you explicitly sell it for an amount set in writing. Even if you were getting paid, you really should never sell ownership of your footage unless there is a huge price difference.
And if you’re doing any freebie work, use a watermark. If they don’t like the watermark, they can pay you for an unmarked copy. Another issue these days is that mostly anyone can copy anything. Therefore, if you give someone work for free, there is little that you can do to stop them from copying your work and distributing it worldwide.
Also, whatever you do, never let a client act like — or even think that — they own the footage! YOU own it!!! It’s the law. Years ago, I used to look for work on Craigslist and some of the ads would be funny if not for the arrogance. People would want someone to shoot their wedding and say stuff like “we will let you use the pictures/video for your own portfolio.” Really! How magnanimous of them to let me use that which I own and not even charge me for it as I waste seven hours of my life watching them and their family have a great time and countless more hours making them look good!
But I’m ranting. It’s unfortunate, but so many people think that because we’re doing what we love that we should be happy to do it to benefit them for free. Stand up for your rights as an artist!
May 8, 2017 at 1:45 PM #215545
Hi thanks for the advice guys
Every thing which has been mentioned is rite and correct both in terms of contract and learning curves.
I have everything in emails in regards to what I’ve said I would do and what the client could do and shouldn’t be allowed to happen. I have statements from all clients in agreeing to do what I’ve said and I’ve also added a water mark to the video. I’m guessing that they don’t like the fact there’s a water mark or don’t like the video or are going to try cut out the mark to upload. Regardless contract wise yes there’s no signed paper work apart from model release forms so that’s a learning curve for next time.
I’ve already have had the “Ill let you use the material and MY video” used and I’ve politely declined. So true on eejits thinking its their video when you’re the owner. It makes me laugh
I just going to upload the work myself and if there’s any issues in regard to client asking me to remove it then I’ll seek legal advice as I have enough proof. But I don’t think anything will happen now. Thanks again for all the advice.. Funny enough I had a similar episode the next day for charity and that’s a massive kick to stop free work.
May 19, 2017 at 8:00 AM #215597alexandre1Member
First, thank you for this thread.
Probably my question will look silly but what should be included in the contract to make it as better as it possible? Maybe there are some relevant points to be included…
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