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Old January 27th, 2011, 04:22 PM   #1
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Contract Violation

If you have a contract from an company to shoot video and as part of the contract they state they will give you "CREDITS" at the end of the film for your part of the project (they do the editing) .... and they don't live up to showing your name in the "CREDITS" ... do you feel you should be compensated? The completed video has been viewed by thousands of viewers.
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Old January 27th, 2011, 04:55 PM   #2
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Your problem will be to come up with a number to represent the degree that the lack of credit damaged you. Translating that credit into dollars and cents will be hard to do.
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Old January 27th, 2011, 06:55 PM   #3
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If it was verbal, well, good luck. If you do have it in writing on a signed contract, you have a better chance. Legal action is almost never easy, pleasant, or cheap but if you're sure you were wronged, it is worth real money, and you've got the stomach for a bitter fight you might prevail. Or might not.
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Old January 27th, 2011, 07:30 PM   #4
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The best thing you can do is to show your production / cameraman friends the contract and let them know that the credits were not honored. This way they will know better when dealing with that company.

In turn, the burden then shifts to the errant production company. They'll have a slightly harder time when it comes to getting people working for them.

It's not the same as taking them to court, but a court case won't necessarily get your credit where it should be either.

BTW, have you phoned the company rep to ask what happened? It may well have been a stuff-up.

Andrew
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Old January 28th, 2011, 09:38 AM   #5
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Additional information

Yes the contract is in "writing". They wrote the contract.

Your right....it is difficult to determine a $$$ figure for damages ... but the truth is they are using video shot by me, to make money for their company, but I am not receiving all that I am entitled to receive .... per written contract.

They are still using my work today and not displaying my name in the "credits". They don't show any credits at all.

Anyone want to weigh in as to what my losses might be .... per showing? Looks like I need to contact an attorny and he will probably be looking for a figure.
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Old January 28th, 2011, 11:01 AM   #6
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An attorney will always quote an optimistic figure. Means possibly more business for him/her.

Have you contacted someone at the company to inquire about the discrepancy? That really is the first port of call.

Andrew
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Old January 28th, 2011, 05:57 PM   #7
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I've started insisting on including a 'copy write clause' in every contract I negotiate. The clause states that all broadcast and commercial copy write on images captured remains with me until invoices are paid in full.
Helped me to get paid for the last job real quick.
I guess this situation is a bit different where work was done for a credit, but including a copy write clause could at least helped you with putting a dollar figure on your work.
Good luck with your 'due' credit.
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Old January 28th, 2011, 09:09 PM   #8
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Best to make that "copyright", Phil. Just to be on the safe side. :-)

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Old February 1st, 2011, 08:45 AM   #9
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Phil,

I have been paid $$$ per written contract agreement. The problem is ...I was also to receive "credit at the end of the film" for work I submitted.

This company has not honored this part of the contract, but has made money on my production. It's all there in a written contract.

Ron

Last edited by Ron Edwards; February 1st, 2011 at 08:47 AM. Reason: update
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Old February 1st, 2011, 10:22 AM   #10
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So what was their response when you notified them of what has happened?

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Old February 2nd, 2011, 03:40 PM   #11
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Here's my take.

You did receive payment for your services. However, your advertisement (in the way of a credit at the end of film) was not included in the final film. But you also say "they" are not showing any credits at all, so they are not singling you out for omission.

Can you prove any damages you suffered as a result of their not including a credit tag? (Probably not). And, is this really a war worth fighting? (Probably not). Suppose the credit tag had been included. Would it have lead to additional business? (Speculative, at best). Might this company provide you with additional work in the future? (Maybe). If they do, get more cash and don't worry about the "credit".

I notice a lot of people make a big deal out of credits. I guess it strokes their egos. I think opting for cash over "credit" is a better route. Film credits don't buy groceries but money does.

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Old February 3rd, 2011, 09:27 AM   #12
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I'm not too worried about credits myself, but I expect that they could pre-qualify you for consideration in future projects by other companies. They might also be considered 'proof' of your claims of experience on productions.

Let's wait to hear back regarding their response when contacted by him regarding the missing credit.

Andrew
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