Didn't get a contract and my friend is shortchanging me

(Jonathan Hardesty) #21

I would say give your friend the finished product in the formats they need, and give them the raw footage, but withhold the project and non-footage assets. If trailers need to be cut your friend can do that themselves or you can for an extra fee. You can also charge to give them the project file and non-footage assets. I would also consider charging them a fee for any new export of the material for them.

(Bri Castellini) #22

What does “project and non-footage assets” entail?

(Jonathan Hardesty) #23

The project file itself with the edits. In my case that would be the premiere pro project file. And non-footage assets would be any graphics I had to utilize for the edit like titles or end-credits. Any after effects files or illustrator files or anything like that would also not be included. My thinking is that with the high-res exports of the finished product and the raw footage, the “client” could basically rebuild the movie themselves if they didn’t want to pay the remainder for the project file and all that stuff.

And when I say giving the finished product, I mean exporting for them in the formats they want, giving them an uncompressed version, a medium compressed version, a super compressed version. Technically you would have delivered per the oral agreement. The “client” should have gotten it written down that they were going to get any project files associated.

This way, you still deliver on your agreement, and if they put up a stink, you’ve got some leverage because you gave what was “expected” per the oral contract…

(Bri Castellini) #24

I gotcha. Smart.

(Kate Hackett) #25

Do NOT hold the footage hostage. Do NOT hold the project hostage. DO NOT reach out to other crew members.

Nothing you’ve said makes me think that this is deliberate vs. a misunderstanding; you finding her behavior suspect does not make it so.

You have to suck this one up. You’ve said - hey, we agreed on a different rate - and she says that you didn’t. She’s paid you, you have no contract. Either deliver what you have and stop working or finish it and chalk it up to poor judgment. This is as much your fault as it is hers.

(Lessa Smith) #26

Maybe I wasn’t clear enough, but it’s definitely deliberate. Like, when I first brought it up, her first response was to get incredibly defensive and then gaslight me saying I’m extorting HER. I didn’t have a tone or anything, and she went from 0 to 7000 in two seconds flat. She also claimed she didn’t pay anyone that amount, even though I know for a fact she did… the DP/director got $500 and I literally saw the check so she’s definitely definitely lying.

(Kate Hackett) #27

Sorry. Someone’s tone is not proof.

You simply don’t have legs to stand on. She paid you; you can choose to give back the footage with the work done and say you aren’t doing anymore or you can choose to finish up and call it a lesson learned. You can’t really do anything else.

(Kate Hackett) #28

Adding –

The director/DP’s rate isn’t yours and has nothing to do with what you’re paid, ever, in any job.

(Brianne Nord-Stewart) #29

Would it be too inapropriate of my to make a joke about these sentences out of context?:rofl:

Sorry about that though. ALWAYS confirm verbal agreements with emails. If they want to challenge it they can.

I would hold out on giving over the episode. The best thing for the project and for both of you might be to call it $400 if she’ll do it.