Got screwed by a film co. What can I do?

I was hired to do some concept artwork for an indie film. The budget was fairly small, but I agreed to do it because they seemed like reasonable people.

Wrong.

I met with the film production, and they gave me a detailed description of the artwork needed. I drew up drafts on the spot, and they all agreed that's what they wanted. I emailed the executive producer a work plan, which detailed the scope of the project, and he agreed to it. Then we signed a work for hire agreement and got a down payment.

I completed the artwork, and we went back and forth a few times on revisions and corrections. All fine. After the corrections, he said that this all looks good, and he was going to run it by some other folks. Okay fine.

But then, he came back with lots of revisions and corrections that are out-of-scope with the original project description. They were completely different creative directions. I would essentially have to redo everything.

Okay, still, all fine. I encounter this sometimes. I let him know that it sounds great, and I explained the work that would need to go into making the changes, justifying the need an updated contract, new scope of work, and some additional fees.

Then he turned around and fired me. Worse, the tone of the email was inappropriate, and he made it clear that he won't be paying me the remainder of my payment.

I already consulted with attorneys, and the advice I got was just to let it go. The process at small claims court would be a hassle over not a lot of money. It's not a huge loss, but it feels bad because I executed a project to completion and did not get fully paid. Basically, I got screwed. I'm angry about it. And I'm out a few hundred bucks that is a lot of money for someone who doesn't make very much doing hard, skilled work.

I don't really work in the film industry so I don't know what advocacy groups are out there, or what groups I can connect with. I don't even care about the money at this point because the cost/benefit analysis of the situation isn't in my favor. But it makes me angry that illustrators and freelancers can be taken advantage of like this. If I can't get this resolved in my favor, at the very least I want to make a complaint to some kind of advocacy group. I know this situation and the amount of money is really small beans for film productions, so I don't know whether anyone would even really care about this. Which makes the whole situation even more depressing.

Any advice is appreciated.
 
Your only option is small claims court or to let it go.
You say you don't have a lot of money which makes me think it's probably better to just let it go. Save your lawyer and court fees and time spent invested in a lawsuit and put that energy toward a positive use instead.

People get taken advantage of all the time in contract work.
I've done contract work as a software engineer, it was a stressful and unfulfilling process where I got taken advantage of and had a lot of time wasted.

As you gain experience as a freelancer you'll learn how to better write contracts and receive payments. Maybe you need a different schedule than downpayment / final payment. And instead get some money in each back and forth of revisions.. idk just throwing some ideas out there.

Sorry for your terrible experience. Most people are terrible people and you'll have a bad time in any activity that involves trust. Especially where business is involved, as things involving money tend to reveal the true nature of man. At least that is my experience.
 
Thanks sfoster and Aspiring Mogul. I was hoping I could make a complaint somewhere so that other freelance illustrators know what they are dealing with. I don't recommend anyone work with this group.

To answer Aspiring Mogul: I did consult with lawyers (yes, plural), and was basically told what I mentioned above.

sfoster: I usually use my own contract (which was fully vetted by a lawyer and is pretty much ironclad with terms and provisions that protect me). However, I was talked into signing a work-for-hire contract, and I am kicking myself over trusting these people. This was definitely a learning experience. I like your advice of a different payment schedule though, and will build that into new contracts.

One of the reasons I want to make a complaint to an advocacy group is that I've learned that businesses are less likely to treat people badly when they will suffer repercussions, whether that be reputational or financial in nature. If I was a consumer and ripped off, I would have threatened to file a complaint with the Better Business Bureau. Whatever failings the BBB itself has had, nevertheless, I'm usually able to resolve matters with the business merely by mentioning that I will file a complaint.

However, in this case, without a union representation, I find that I am helpless against people who take advantage of independent contractors. There is no system for accountability beyond small claims court.
 
I already consulted with attorneys, and the advice I got was just to let it go.
Speak to a lawyer.
Sorry... This gave me a chuckle.



If I can't get this resolved in my favor, at the very least I want to make a complaint to some kind of advocacy group.
There isn't an industry wide advocacy group. I suspect this "film company"
is not even registered with the BBB. I'm sure you already checked.

However, in this case, without a union representation, I find that I am helpless against people who take advantage of independent contractors. There is no system for accountability beyond small claims court.
You are correct. And people like these people know it isn't worth it
for you to file so they under the assumption that they are safe.

I've been an independent contractor my entire working life. I've
been screwed way too many times. I wish I could point you to a
group or give you advice on how to make sure it never happens
again. The answer is painfully obvious; never do invoice or payment
scheduled work for anyone you don't know personally or for a company
you don't know much about. But that really handcuffs beginning
freelancers, doesn't it? In the future you could ask for the entire fee
upfront. I know all too well that most will reject that offer.

The only thing I can suggest is you re-open the door and speak to them.
Send another invoice with the amount due. I get it; he was unprofessional
and you want nothing to do with him. Perhaps rising above and being
professional will work.
 
Just keep sending invoices, and then make like 100 emails and send out more invoices. He will soon crumble under the pressure and pay you. Haha idk man. But that is really shitty. To be honest, I've heard that it is best to get paid in installments. Do a 50% upfront fee, and then 10-20% for each round of revisions till you are fully paid.

Good luck
 
Thank you for your insightful thoughts, directorik. I appreciate your advice. And yes, the film co. is not registered with the BBB.

I have a question for both you and Kevin_ExploringIndieFilms, and anyone else who is knowledgeable about this: at the moment, since this film co. did not pay me in full for the project, who owns the work? The drafts I sent him were far from printing quality, but it could make a decent web graphic. If he owns my work and decides to use it, then I definitely want to invoice him. Because I am unfamiliar with work-for-hire contracts, I'm unsure who owns what if the contract is not fully executed, and I did not give him the print-ready files as required by the contract.

If I don't give him the agreed-upon deliverables and yet I try to invoice him, does that create a conflict? I suppose he can come around and say that he refuses to pay me because I did not fully execute the contract.
 
Yup, you got screwed - just like thousands of us in the entertainment biz. What you need to do is politely and professionally do what KEIF mentioned - lots of polite, professional emails and demands for payment. BTW, send the snail mail registered that needs to be signed as proof of delivery, or FedEx, UPS or a similar vendor that will acquire proof of delivery.

You will not get any payments as a result of this. What you are doing, however, is laying the ground work for a future law suit would they make a profit by using your work. You have your original contract and you have shown due diligence in collecting the unpaid balance of your fee(s).
 
who owns the work?

That will depend. First off, I'm not a lawyer so don't take this as legal advise. Your laws may be different than here. A breach in a contract/agreement doesn't necessarily mean the contract is null and void. You may need a notification of breach and the opposing party an opportunity to remedy said breach. You really need to consult a lawyer.

If I don't give him the agreed-upon deliverables and yet I try to invoice him, does that create a conflict?

I don't think conflict is the right word, but if you don't supply the deliverables, you may find yourself in breach, though this is unlikely. Were there termination clauses in the agreement?

I suppose he can come around and say that he refuses to pay me because I did not fully execute the contract.

He can say that and he'd be accurate. Doesn't mean he'd be right.
 
I have a question for both you and Kevin_ExploringIndieFilms, and anyone else who is knowledgeable about this: at the moment, since this film co. did not pay me in full for the project, who owns the work?

This is where you go back to your lawyers.

In some cases if you were not paid for your work as agreed then
you still own the work. In some cases they own it even if they
didn't pay as agreed. I can't know without reading the contract.
 
Thank you directorik and sweetie. There were no termination clauses in the contract, and there were also no provisions for what voids and nullifies the agreement.

I didn't provide deliverables, but only because he terminated our relationship before I was given a chance to. There is no notification of a breech, and thus no opportunity to remedy.

I will seek clarification from a lawyer, but it was a very vague contract, and I think any lawyer reviewing this contract will find it vague and full of holes. If an attorney can't give me a straight answer, does this mean it's something that must be settled in court?

Alcove_Audio: thanks for bringing up this alternative idea. I thought perhaps that pestering him for payment is not going to be fruitful, but laying the groundwork for a future lawsuit should he use my work without paying me in full is definitely something I should consider. If he does use my work, that is (I've been monitoring his sites....he hasn't. Yet.)
 
any lawyer reviewing this contract will find it vague and full of holes

It's very common that contracts don't cover every contingency. If the terms aren't covered in the contract, they'll be covered by what's legal precedent, perhaps standard practice for that industry and/or what's considered common law or your local equivalent.

If an attorney can't give me a straight answer, does this mean it's something that must be settled in court?

Even if the attorney can give you a straight answer, it may still be agreed upon by the other legal team and/or adjudicated in a court of law. The attorney will only give you their position/opinion. It still doesn't mean they will win or succeed.
 
Indietalkers, what do you think if I invoice him for the portion of the artwork completed (around 98%, without deliverables)? The idea behind this is to get paid for work done prior to termination, and to create a paper trail for a possible future lawsuit. So far, he has not used the artwork, and part of me doubts he will, because he asked for significant changes to be made.

1) Do you think this is problematic in any way, i.e. will he sue me for harassment? other future lawsuits?

2) Should I add in late payments?

3) Should I send this invoice to not only to the individual but also to other people I can dig up addresses for from the Film Company?
 
Indietalkers, what do you think if I invoice him for the portion of the artwork completed (around 98%, without deliverables)? The idea behind this is to get paid for work done prior to termination, and to create a paper trail for a possible future lawsuit. So far, he has not used the artwork, and part of me doubts he will, because he asked for significant changes to be made.

This is really lawyer area. What you don't want to do is get caught up in some legal precedent and/or use some terminology that screws you in the end.

Anyway, I thought you decided it wasn't worth the time/cost to chase up the money that your prime concern was them not using your property. Them using your material without paying may be the best outcome for you. Think of the damages ;)

Should I add in late payments?

Is that legal in your area?
 
1) He can sue you for harassment. Anyone can sue anyone for
anything. You can sue him for breech of contract. Can he prove
harassment in a court is what you are asking. I doubt that any
court will see sending an invoice to an employer as harassment.
But he may still decide to file a lawsuit.

2) No. Unless late payments are addressed in the contract. Ask
for only what you are owed according to the contract.

3) No. Send you invoice to the party named in the contract only.
 
The process at small claims court would be a hassle over not a lot of money.

Yup. Maybe $90 to file, $45 to serve, then $90 for the mediation session (required in most areas these days) Plus gas, parking at the courthouse and a tie.

I'm out a few hundred bucks

I can see why everyone is saying move on!

----

I'm wondering if it is prudent to ask for a little bit more of the amount owed you at job completion each time there is a revision request (not an increase for the overall job) -- banks do this, for example with builders -- they get paid a little bit at a time until the house/building is completed. This is what I would do if someone asked me to take on a creative job like this. On the other hand, you did get a chunk of money up front so you may actually be ahead in the game here all things considered.

Good luck
 
Any advice is appreciated.
Sorry to hear. In the future you need to protect yourself with a bullet proof contract, and MOST importantly get paid in installments as various stages of work are completes so that they don't pull a bait and switch on you. This goes for ANY film industry job... or just about any other type of job. The film industry is FAMOUS for this type of crap.

When creative work is done it often takes some time and perspective to think about whether you like something or not. That's why it's so critical to get paid as various stages of work are completed. An ounce of prevention is worth.... [you know the rest]

Yup. Maybe $90 to file, $45 to serve, then $90 for the mediation session (required in most areas these days) Plus gas, parking at the courthouse and a tie.
This is why some people take the law into their own hands. The court system is a joke.
 
A lot of people who go to small claims court represent themselves without a lawyer to save money as well, but that depends on how good you would be at doing that.

You know what you could do is send him a message saying that if he doesn't pay you, you will take him to small claims court over it. Don't actually take him to it, if you cannot afford to, you can always bluff and say you will. This could cause him to not want that hassle and maybe he will just pay you to not have to deal with it. It's just a bluff, but it doesn't hurt to try.
 
This sometimes happens, I would go with your lawyers and not fuss over small fry, making a mental note to never work with said parties again.

In the longterm you should meet good friendly film makers, people with a great attitude that inspire you to do your best work. I have found over the years that this creates lasting creative partnerships that not only result in repeat work orders, but are also rewarding and fun. You will always have a better creative experience, if you work with better creative people.
 
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