70 million dollar lawsuit and my footage - Page 2 at DVinfo.net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!

Thread Tools Search this Thread
Old May 27th, 2004, 07:40 AM   #16
New Boot
Join Date: Aug 2002
Posts: 23
I am working with a lawyer and have been for a week. Just feel my problem will be of help to others.
Rich Rosen is offline   Reply With Quote
Old May 27th, 2004, 11:08 AM   #17
Join Date: Oct 2002
Location: Arlington VA
Posts: 1,034
Then he should have told you to stop making public comments about this that he doesn't screen, since everything you say can potentially be used against you in court.
Peter Moore is offline   Reply With Quote
Old May 28th, 2004, 02:16 PM   #18
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Yeah, what Peter said.
Paul Tauger is offline   Reply With Quote
Old May 28th, 2004, 03:28 PM   #19
Join Date: Sep 2003
Location: Santiago, Chile
Posts: 927
Too bad Rich you and this person are on such ill terms. You could both help each other out. He could consent you making the documentary and you could authorise he use some of your material in court.
Ignacio Rodríguez in the third world. @micronauta on Twitter. Main hardware: brain, eyes, hands.
Ignacio Rodriguez is offline   Reply With Quote
Old May 28th, 2004, 04:35 PM   #20
Major Player
Join Date: Nov 2003
Location: Chicago, IL
Posts: 439
having just been screwed out of some dough by an agency that went out of biz. I can reiterate what I've learned.

1. get 1/2 up front

2. get it / send it in writing

I just cut a Sprite trends video that was just a horror show from start to finish and since I had not updated my rates ended up taking the job at last years rates... foster an 8 year client relationship... yadda yadda. But at 6am with problems on top of problems I felt pretty angry.
The next biz day I recontacted their buyers and got my updated rates/info out first thing. and while I could have tried to bill them time and a half for 8 of the 20 hours straight I didn't as I didn't communicate that upfront.

think transparency or ask and you shall (more often than not) receive. Just not after the fact...

Since you're not seeing diddly from this and this dude is suing to try and get something out of it isn't it in your interest to oblige and hope he get some dough? Then you could sue him for services rendered if he won't pay you for work you are owed.
Josh Brusin is offline   Reply With Quote
Old May 28th, 2004, 09:40 PM   #21
Major Player
Join Date: Mar 2003
Location: Bemidji, MN
Posts: 276
POINT 1) Could he put a watermark on the film?

POINT 2) Without anything in writing, Rich's version of the verbal contract is as good as his "partners" verbal contract. All has to be hashed out in a legal forum. The court, possibly jury, should lean a little toward Rich's side because 1) he obviously did a lot of work. 2) he obviously hasn't been paid for the work. Judges and juries, for the most part, don't like people being run over by a shyster regardless.

I sat on the jury of a case involving 1/2 million dollar lawsuit. Similar circumstance. No written contract. Some warning though. . . be careful how you stress the word "Partner". If you were "Partners" you could get deeper into this.

If you don't do anything else, take everyones advice and at least talk to a lawyer.
Harry Settle is offline   Reply With Quote
Old May 28th, 2004, 09:55 PM   #22
Join Date: Mar 2002
Location: Clearwater, FL
Posts: 8,267
No offense intended, but Paul and Peter are attorneys and their advice should be heeded.
Jeff Donald
Carpe Diem

Search DVinfo.net for quick answers | Where to Buy? From the best in the business: DVinfo.net sponsors
Jeff Donald is offline   Reply With Quote
Old May 31st, 2004, 06:51 AM   #23
Major Player
Join Date: May 2003
Location: St. Louis, Missouri
Posts: 936
"Young" concert promoter + spoken contract + change of heart that kills the project = Guy who wants to snooker your footage away from you for his own purpose.

Yes I would retain an attorney to protect the value of your footage. Tell the attorney ALL the details of the case. Wait for further progress on the matter and start editing your footage into whatever you want to do with it.

Call it a gut feeling based on past experiences... but "70 million" is a dazzling number... What is the REAL value of the issue? Was it the Rolling Stones that you were making a documentary about? I think this is another case of somebody wanting to cut and run with your footage... If you hand it over this guy will probably dissappear... hoping to produce his own work from YOUR work... and cutting you out of the equation.

Locally here in St. Louis I've seen it happen time and time again. People get asked onto a project and devote WEEKS to something for a given compensation... THEN the guy who swindled everybody dissappears right at the end. Of course with everybody's footage and hard work. There was a vampire movie shot at Laclede's Landing... months and suddenly POOF! Gone. There was a feature shot in Defiance, MO... not too far away... MONTHS of "when this is done you'll get...." POOF! Gone.

Fortunately in my own experience this has been rare... but it has happened to me once...

To me this sounds like one of those deals. Of course I could be wrong and maybe I'm trivializing the issue... but again, 70 MILLION?... Hmm.
Matt Gettemeier is offline   Reply With Quote
Old June 18th, 2004, 09:11 PM   #24
New Boot
Join Date: Aug 2002
Posts: 23
It was a big time two day festival starring Radiohead. I know he doesn't want it for anything elese than the lawsuit, but he's palying hardball and soon so will my lawyers.
Rich Rosen is offline   Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

Professional Video
(800) 833-4801
Portland, OR

Omega Broadcast
(512) 251-7778
Austin, TX

(973) 335-4460
Mountain Lakes, NJ

Abel Cine Tech
(888) 700-4416
N.Y. NY & L.A. CA

(800) 238-8480
Glendale, CA

Precision Camera
(800) 677-1023
Austin, TX

DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Thread Tools Search this Thread
Search this Thread:

Advanced Search



All times are GMT -6. The time now is 03:14 PM.

DV Info Net -- Real Names, Real People, Real Info!
1998-2015 The Digital Video Information Network