contract question

[Phtoo]

hi this is actually in regards to a video contract but i thought you guys might be able to help. I recently shot a short promo film for a company and they are being difficult with wanting re edits, and wanting me to send all raw footage to them. the contract stated that i am 'granted full editorial, production and content control by the client,regarding all aspects of the production and post production services' any ideas what this means? and could it stop the client from being so controlling

 

[Steve5D]

any ideas what this means?

First, did you sign a legally binding contract that you don't understand? I cannot begin to overstate how bad a habit that is to get into. If you don't understand something, don't sign until you do.

As to what's written, it would appear as though the whole shindig is yours. The client can want whatever they want, but that gives them no special deference.

I would also absolutely refuse to send them the raw footage. Once you do that, you've relinquished control over everything, including getting paid in a timely manner...

 

[Phtoo]

hi thankyou for your response , much appreciated.i did read over the contract, i am new to this industry but my understanding was that i was in control of the edit, i guess i didnt expect the client to be so difficult as they were easy to deal with before the shoot, just hoping i understand it correctly, and that i have control over the editv

 

[Robbo521]

they become very difficult to deal with when they really like it.plus they seem to want to push on the ones that have done all there work.

 

[tirediron]

If you are in any doubt at all about the wording of the contract, your position, rights or entitlements, contact a LAWYER!!! NOT an Internet forum. Seriously... spend the $100 for a quick consult with a contract lawyer and have him/her explain exactly what your position is. Even if a member here were a lawyer, they could not give you a definitive answer because they do not have all of the facts.

 

[jwbryson1]

Even if a member here were a lawyer, they could not give you a definitive answer because they do not have all of the facts.

Ayup. :thumbup:

 

[KmH]

Even if a member here were a lawyer, they could not give you a definitive answer because they do not have all of the facts.

Facts like a location, since contract law can vary by location (state, country, etc.)

For that matter, so do photography and video production business practices by both producers and customers.

 

[hirejn]

Did you or the client provide the contract? Typically the creator provides the contract. You're an independent contractor, right? It should be you presenting your own contract to the client, not the other way around. If you don't know what's in a contract, don't do the work. I can't tell you what it means because it doesn't sound like you wrote the contract. This is something you have to straighten out with the client and get any agreement in writing. This is why I recommend never doing business without a contract. You see what happens. Having a client write a contract is not desirable, but if it happens at least fully understand it before you sign it. Nobody here can help you. This is something you have to work out with the client or an attorney.

 

[Steve5D]

hi thankyou for your response , much appreciated.i did read over the contract...

I didn't ask if you read it over, I asked if you understood what you read and then signed. There's an ocean of difference.

This is even more important in this case because it sounds like, since you're questioning the voracity of the contract, that you didn't provide it. If there's some twisted up text in the which affords them ownership and/or control, and you didn't see it, you have little recourse. You signed it. You agreed to it.

Never, never, never agree to something you don't understand.

Ever...

 

[KmH]

A business axiom states - When inexperienced business people do business with experienced business people, the inexperienced business people often get some expensive experience.

FWIW:

pro·fes·sion·al·ism

-noun 1. professional character, spirit, or methods.

2. the standing, practice, or methods of a professional, as distinguished from an amateur.

When you write, your professionalism will be judged by the quality of your writing - On your blog, your web site, in online discussion forums, e-mails, and in hard copy.

• A blank line between paragraphs greatly helps readability.
• There's no excuse for sending out a poorly-written post. "Excuses are like *******s, everyone has one."
• Refrain from using all lowercase letters in your online posts, both professional and personal. There are many who don't care about this, however, there are many more people who do care. Writing in all lowercase appears you don't have enough respect for yourself, or your recipients, to use proper capitalization. Proper capitalization also greatly helps readability
• Be sure and use the appropriate punctuation. There are many who don't care about this, however, there are many more people who do care, and it also greatly helps readability.

 

[curtyoungblood]

I feel like there is a bigger issue here. Your client obviously isn't happy with the edit you've provided them. While I agree that you shouldn't turn over raw footage, I think it is important to make your client happy. If you're new to this business, you're product probably isn't stellar (not a shot at you, that's just the way these things tend to work), and the business this client refers to you is more important than shoving a contract in their face.