Contract Violation at DVinfo.net

Ron Edwards · January 27th, 2011, 04:22 PM

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.

Steve House · January 27th, 2011, 04:55 PM

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.

Pete Bauer · January 27th, 2011, 06:55 PM

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.

Andrew Smith · January 27th, 2011, 07:30 PM

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

Ron Edwards · January 28th, 2011, 09:38 AM

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.

Andrew Smith · January 28th, 2011, 11:01 AM

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

Phill Pendleton · January 28th, 2011, 05:57 PM

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.

Andrew Smith · January 28th, 2011, 09:09 PM

Best to make that "copyright", Phil. Just to be on the safe side. :-)

Andrew

Ron Edwards · February 1st, 2011, 08:45 AM

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

Andrew Smith · February 1st, 2011, 10:22 AM

So what was their response when you notified them of what has happened?

Andrew

Jeff Emery · February 2nd, 2011, 03:40 PM

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.

J

Andrew Smith · February 3rd, 2011, 09:27 AM

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

January 27th, 2011, 04:22 PM	#1
Ron Edwards Regular Crew Join Date: May 2004 Location: Fairview Heights, Illinois Posts: 148	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.

January 27th, 2011, 04:55 PM	#2
Steve House Inner Circle Join Date: Mar 2005 Location: Hamilton, Ontario, Canada Posts: 5,742	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. __________________ Good news, Cousins! This week's chocolate ration is 15 grams!

January 27th, 2011, 06:55 PM	#3
Pete Bauer Wrangler Join Date: May 2003 Location: Eagle River, AK Posts: 4,100	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. __________________ Pete Bauer The most beautiful thing we can experience is the mysterious. It is the source of all true art and science. Albert Einstein Trying to solve a DV mystery? You may find the answer behind the SEARCH function ... or be able to join a discussion already in progress!

February 1st, 2011, 08:45 AM	#9
Ron Edwards Regular Crew Join Date: May 2004 Location: Fairview Heights, Illinois Posts: 148	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

January 27th, 2011, 07:30 PM	#4
Andrew Smith Equal Opportunity Offender Join Date: Feb 2009 Location: Brisbane, Australia Posts: 3,065	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

January 28th, 2011, 09:38 AM	#5
Ron Edwards Regular Crew Join Date: May 2004 Location: Fairview Heights, Illinois Posts: 148	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.

January 28th, 2011, 11:01 AM	#6
Andrew Smith Equal Opportunity Offender Join Date: Feb 2009 Location: Brisbane, Australia Posts: 3,065	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

January 28th, 2011, 05:57 PM	#7
Phill Pendleton Regular Crew Join Date: Jul 2009 Location: Australia NSW Posts: 71	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.

January 28th, 2011, 09:09 PM	#8
Andrew Smith Equal Opportunity Offender Join Date: Feb 2009 Location: Brisbane, Australia Posts: 3,065	Best to make that "copyright", Phil. Just to be on the safe side. :-) Andrew

February 1st, 2011, 10:22 AM	#10
Andrew Smith Equal Opportunity Offender Join Date: Feb 2009 Location: Brisbane, Australia Posts: 3,065	So what was their response when you notified them of what has happened? Andrew

February 2nd, 2011, 03:40 PM	#11
Jeff Emery Major Player Join Date: Oct 2005 Location: Ohio USA Posts: 222	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. J

February 3rd, 2011, 09:27 AM	#12
Andrew Smith Equal Opportunity Offender Join Date: Feb 2009 Location: Brisbane, Australia Posts: 3,065	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