Who'll give me free legal advice?

Chris Hurd · April 23rd, 2003, 10:51 AM

And there's more than one use for a good, sturdy monopod.

K. Forman · April 23rd, 2003, 11:53 AM

Ya know... I never felt old, till the little cuties started calling me sir! OUCH!! I want a Lark with a jib arm :)

Jeff Donald · April 23rd, 2003, 12:09 PM

You guys had better stay on topic or I'll have to split it and place the last part in the Support/Walker/Cane Forum.

K. Forman · April 23rd, 2003, 12:59 PM

What about "Optics: Not just for cameras anymore" :)

Robert Poulton · April 23rd, 2003, 03:20 PM

<<<-- Originally posted by Josh Bass : The original contract asks for everything. I told 'em they weren't getting the copyright, and I meant to tell them they wouldn't get anything else exclusively (not sure if I did, though). One of the things they wanted was merchandising rights, for Tshirts, videos, DVDS, etc. I told them they would have to pay me part of whatever they made off of those sales, and the guy said they'd never done it like that before, that it had always been a flat payment for the ancilliary rights. Now he wants a counter offer, and I have no idea what to tell him. -->>>

Never give in until you get exactly what you want. Especially when you're dealing with a contract and take your time and walk through the contract so YOU understand every word. It might be fine to find someone who will help you but you are the person responsible so you need to understand it.
No matter what hang onto the copyright. I would work out a deal for % of merchandise. They are big enough now to where they can pay you a % of merchandise that is related to your animation. I would push for it. And if they say that it's not done that way. Tell them "Things change." Tell them that you deserve a % because you know it's good enough. Be a man of power and act like you dont need their business but would enjoy having them along side you to have a good relationship.

Rob:D

HEHEHE.

Josh Bass · April 23rd, 2003, 03:28 PM

So I have to go all "Type A" on them. Geez. I wish I weren't such a pussy.

Ken Tanaka · April 23rd, 2003, 03:40 PM

Josh,
Robert's advice to be firm if you feel your position is reasonable is sound. But it doesn't mean you have to knit your brow and act like a tough-guy. Actually, the most effective negotiators I've encountered are very pleasent, mild people who use insight into the other party's constraints to help lead them to a fair offer by helping them to solve their "problem".

If you don't feel confident or experienced enough to do this, consider enlisting the help of some unconcerned, but skillful, friend to negotiate for you. The introduction of a skillful 3rd party negotiator may wobble your opponents just long enough to help soften their position. Since your negotiator is not emotionally concerned with the outcome s/he can focus on the negotiation rather than the consequences of the result.

Josh Bass · April 23rd, 2003, 04:40 PM

That's my holdup. I can't find an informed third party Paul Sedillo's friend knows an entertainment lawyer, so I'm trying to get ahold of this guy. . .still haven't gotten ahold of anyone from TALA

Robert Poulton · April 23rd, 2003, 07:08 PM

I totally understand your pain. That last post I made was suppose to be funny at the end...hehe. Anyways. I have been in negotiations with a location for sometime. They all have been great but then the contract hit and they didn't even change some small errors. It made me laugh but then I was upset that they didn't take the time to redo some of those changes that we talked about. So now I went back into the contract and rewrote a few grey areas that would present me with problems later on if they decided to add fees. I wish you luck with finding a 3rd party and I hope that Spike and Mike will be open to new ideas.

Rob:D

Josh Bass · April 23rd, 2003, 11:26 PM

You and me both brother. If anyone knows anyone I can email or something. . .let me know.

April 23rd, 2003, 10:51 AM	#16
Chris Hurd Obstreperous Rex Join Date: Jan 2001 Location: San Marcos, TX Posts: 27,366 Images: 513	And there's more than one use for a good, sturdy monopod. __________________ CH Search DV Info Net \| 20 years of DVi \| ...Tuesday is Soylent Green Day!

April 23rd, 2003, 12:09 PM	#18
Jeff Donald Warden Join Date: Mar 2002 Location: Clearwater, FL Posts: 8,287	You guys had better stay on topic or I'll have to split it and place the last part in the Support/Walker/Cane Forum. __________________ Jeff Donald Carpe Diem Search DVinfo.net for quick answers \| Where to Buy? From the best in the business: DVinfo.net sponsors

April 23rd, 2003, 03:28 PM	#21
Josh Bass Slash Rules! Join Date: Apr 2002 Location: Houston, Texas Posts: 5,472	So I have to go all "Type A" on them. Geez. I wish I weren't such a pussy. __________________ The Bass' camerawork The Bass on IMDB

April 23rd, 2003, 03:40 PM	#22
Ken Tanaka Retired DV Info Net Almunus Join Date: Dec 2001 Location: Chicago, IL Posts: 6,943	Josh, Robert's advice to be firm if you feel your position is reasonable is sound. But it doesn't mean you have to knit your brow and act like a tough-guy. Actually, the most effective negotiators I've encountered are very pleasent, mild people who use insight into the other party's constraints to help lead them to a fair offer by helping them to solve their "problem". If you don't feel confident or experienced enough to do this, consider enlisting the help of some unconcerned, but skillful, friend to negotiate for you. The introduction of a skillful 3rd party negotiator may wobble your opponents just long enough to help soften their position. Since your negotiator is not emotionally concerned with the outcome s/he can focus on the negotiation rather than the consequences of the result. __________________ Lady X Films: A lady with a boring wardrobe...and a global mission. Hey, you don't have enough stuff! Buy with confidence from our sponsors. Hand-picked as the best in the business...Really! See some of my work one frame at a time: www.KenTanaka.com

April 23rd, 2003, 04:40 PM	#23
Josh Bass Slash Rules! Join Date: Apr 2002 Location: Houston, Texas Posts: 5,472	That's my holdup. I can't find an informed third party Paul Sedillo's friend knows an entertainment lawyer, so I'm trying to get ahold of this guy. . .still haven't gotten ahold of anyone from TALA __________________ The Bass' camerawork The Bass on IMDB

April 23rd, 2003, 11:53 AM	#17
K. Forman Capt. Quirk Join Date: Apr 2002 Location: Middle of the woods in Georgia Posts: 3,596	Ya know... I never felt old, till the little cuties started calling me sir! OUCH!! I want a Lark with a jib arm :)

April 23rd, 2003, 12:59 PM	#19
K. Forman Capt. Quirk Join Date: Apr 2002 Location: Middle of the woods in Georgia Posts: 3,596	What about "Optics: Not just for cameras anymore" :)

April 23rd, 2003, 03:20 PM	#20
Robert Poulton Major Player Join Date: Nov 2002 Location: Portland, OR Posts: 245	<<<-- Originally posted by Josh Bass : The original contract asks for everything. I told 'em they weren't getting the copyright, and I meant to tell them they wouldn't get anything else exclusively (not sure if I did, though). One of the things they wanted was merchandising rights, for Tshirts, videos, DVDS, etc. I told them they would have to pay me part of whatever they made off of those sales, and the guy said they'd never done it like that before, that it had always been a flat payment for the ancilliary rights. Now he wants a counter offer, and I have no idea what to tell him. -->>> Never give in until you get exactly what you want. Especially when you're dealing with a contract and take your time and walk through the contract so YOU understand every word. It might be fine to find someone who will help you but you are the person responsible so you need to understand it. No matter what hang onto the copyright. I would work out a deal for % of merchandise. They are big enough now to where they can pay you a % of merchandise that is related to your animation. I would push for it. And if they say that it's not done that way. Tell them "Things change." Tell them that you deserve a % because you know it's good enough. Be a man of power and act like you dont need their business but would enjoy having them along side you to have a good relationship. Rob:D HEHEHE.

April 23rd, 2003, 07:08 PM	#24
Robert Poulton Major Player Join Date: Nov 2002 Location: Portland, OR Posts: 245	I totally understand your pain. That last post I made was suppose to be funny at the end...hehe. Anyways. I have been in negotiations with a location for sometime. They all have been great but then the contract hit and they didn't even change some small errors. It made me laugh but then I was upset that they didn't take the time to redo some of those changes that we talked about. So now I went back into the contract and rewrote a few grey areas that would present me with problems later on if they decided to add fees. I wish you luck with finding a 3rd party and I hope that Spike and Mike will be open to new ideas. Rob:D

April 23rd, 2003, 11:26 PM	#25
Josh Bass Slash Rules! Join Date: Apr 2002 Location: Houston, Texas Posts: 5,472	You and me both brother. If anyone knows anyone I can email or something. . .let me know. __________________ The Bass' camerawork The Bass on IMDB