hi 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. basically wanting to take over the editing process, and i think make the final product worse. i understand its their product at the end of the day, but im not being paid enough to spend time going over raw footage for hours and doing re edits. 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
contract question
- Thread starter newyorkboy
- Start date
I suspect you misused a word in your post - the word "am" or "granted".
I suspect the contract does not read that you are given full control but
that you are giving full control to the client - the company. This means
you give all creative control to the company. It's standard.
You're going to hate this but... get used to it. As a work for hire you are
not going to be give full creative control. You work for your client - the
company.
Next time you need to up your quote to take the re-edits into consideration.
They will ALWAYS happen and it will always take longer than you want it
to take. As you point out, at the end of the day it's their product. Your job
is to give them exactly what they want - even if you think the end product
is terrible.
Crazy isn't it? You build your reel and experience by being creative and then
you get a job and end up working with people who are not as creative and
skilled as you are. We all end up there and we all have two choices; do the
job as the client wants it or quit and keep our creative integrity intact.
Unless he also misused the phrase "by the client" it seems like the contract may actually give him final control over it, which is rare but would be nice...
If that's the case, then you've certainly got legal standing to put your foot down and say there will be no more changes, it's done, here you go... goodbye!
As far as wanting all the raw footage, that may be a different question. Does the contract spell out who owns the footage? Does it have any wording about this being a 'work for hire' situation? If not, technically you own it (assuming you're not an employee) and can do what you want with it.
Of course being right legally doesn't always mean it's the right thing to do. You have to balance that with the potential loss of the client for future projects (assuming they're unhappy when you cut them off), as well as how it affects your reputation if they mention how they feel about it to other people that could be future clients. They could also refuse to pay you (at least whatever balance is remaining on the project), and despite you being in the right legally it's probably not going to be worth your efforts to go after them in court for the balance.
If that's the case, then you've certainly got legal standing to put your foot down and say there will be no more changes, it's done, here you go... goodbye!
As far as wanting all the raw footage, that may be a different question. Does the contract spell out who owns the footage? Does it have any wording about this being a 'work for hire' situation? If not, technically you own it (assuming you're not an employee) and can do what you want with it.
Of course being right legally doesn't always mean it's the right thing to do. You have to balance that with the potential loss of the client for future projects (assuming they're unhappy when you cut them off), as well as how it affects your reputation if they mention how they feel about it to other people that could be future clients. They could also refuse to pay you (at least whatever balance is remaining on the project), and despite you being in the right legally it's probably not going to be worth your efforts to go after them in court for the balance.
The chances of a contract reading: The production company
(or producer) is “granted full editorial, production and content
control by the client, regarding all aspects of the production
and post production services” seems unrealistic.
But if it does - if your contract grants the producer or prodCo
full control then the client has no say at all in what the producer
does. If that’s the case I amend my post:
Congrats! You have full creative control over the project and the
client who paid for the short promo can do nothing at all once you
deliver your finished product.
But there is no way to really answer without reading the entire
contract.
(or producer) is “granted full editorial, production and content
control by the client, regarding all aspects of the production
and post production services” seems unrealistic.
But if it does - if your contract grants the producer or prodCo
full control then the client has no say at all in what the producer
does. If that’s the case I amend my post:
Congrats! You have full creative control over the project and the
client who paid for the short promo can do nothing at all once you
deliver your finished product.
But there is no way to really answer without reading the entire
contract.
thanks so much for your help guys.im really keen to cut this client off, decent money but not worth the head ache.
i did right it slightly wrong it says.
Daniel (my name) is granted full editorial, production and content control by the client regarding all aspects of the production and post-production services'
all the rest of the contract covers payment and exclusivity . the only thing is near the end of the contract "i authorise the agency to take the relevant steps required to achieve desired work' not sure if they could get me on that.
i think my edit is good, i want out haha
i did right it slightly wrong it says.
Daniel (my name) is granted full editorial, production and content control by the client regarding all aspects of the production and post-production services'
all the rest of the contract covers payment and exclusivity . the only thing is near the end of the contract "i authorise the agency to take the relevant steps required to achieve desired work' not sure if they could get me on that.
i think my edit is good, i want out haha
Highly unusual. But it's clear; YOU have full control over the
end product. They can do nothing at all if they don't like your
version other than hire someone else.
Highly unusual to give you full control and then have you agree
to allow them to take relevant steps to get the product THEY
want. If they feel your cut is not want they want (regardless of
how good you think it is) they can take steps to get what they
want. They can require you to give them all the footage and
consider your end of the contract complete. From what you tell
us here this is a highly unusual contract. My advice is to hand
over the footage and be out of it.
If the contract is in writing, you should get a lawyer to look at it.