Client Who Refuses to Pay is Uploading Content to YouTube

timmilgram

Active member
Hey guys! I'm not really sure if this is the right sub-forum for this but I would really appreciate some input. This might be a little long so I apologize. I've already learned a lot from this sh*t-show that you're about to read about, but my main question is what to do moving forward:



A few months ago I was one of 2 directors/dp's on a 15 minute short dance film, the shooting of which spanned across several weeks. I was hired by Jennifer Lopez's choreographer, who is a very informal guy to say the least, so my first mistake was that I didn't have a written contract out of fear that it would be too impersonal for his communication style. At the time of getting asked to do this, I thought taking on this project would be a good look for me but I also knew how much work it would be, so I sat down with him and explained that I don't do free work, but I'd be willing to split the final product across our two YouTube chnnels to help promote eachother's work as compensation; if not then I would have to be paid my going rate.

His communication with me throughout the project was always sub-par, but we got all the shooting done and for the most part I was happy with it. When he came by my house to pick up the last bit of footage from a scene I directed and did Steadicam on (using all my own equipment and a free public location), he revealed to me that the guy who is editing the project is not the high-level music video editor he told me it would be, but some friend of his who just came out of film school with little experience editing dance who's doing it for free. This was a red flag to me, and as a director I offered to volunteer my time to sit in on some of the editing sessions and give feedback. He said that would be great, shook my hand, and left my house.

That's where the communication almost completely stopped. I messaged him a week later asking to see how the editing was coming along, and he didn't reply. I messaged him again in another week and he told me he would have something to show me in a couple days. I messaged him a couple days later and he pushed it off another week. Every time I reached out to him he gave me some excuse as to why I can't be in the editing room. I contacted the editor personally and asked him what was going on, to find out that they changed the story (I wrote the treatment by the way and came up a majority of the plot) and are shooting several other scenes and the final video will actually be twice as long (30 minutes!!!). I also found out that the client directly ordered the editor to NOT let me see the edit. For whatever reason, I was creatively blocked out of a process I had already spent 50 hours on while saying no to other projects.

For weeks I couldn't get a response from the client. At this point I contacted him and made it clear that I was unhappy with my involvement in this and that I was clearly no longer part of the team, and would like to be paid for my time on the project. This turned into an arguing match at the end of which he agreed to show me the rough draft. For the next week I reached out to him almost every day and kept getting brushed off. By that weekend when I reached out to him he said that he is having a *release party screening* of the film for Jennifer Lopez that night at some mansion in Hollywood, and that I am welcome to come. Obviously I was not happy about the way I had been treated, but I figured it would be a good idea to show up to the event and see the film just to see what the hell is going on.

I know this is subjective, but the atrocious editing and color correction made RED footage look like it was shot on a T2i with a stock lens. I sat two seats away from JLO, who the film was dedicated to, embarrassed not only for myself but for the choreographer and anyone else in the room that was involved with production. To top it all off, my name was spelled wrong in the credits, which now had 2 other directors names tacked on.

After a couple days I reached out to the choreographer and explained that because he went the free route with the editor instead of hiring the person he promised, the film is not only not something I can put my name on, but is not something I would feel comfortable with the public seeing, given that my involvement in the project was already well-known. Because of this, and our original verbal agreement, I told him that I would like to come to a fair amount (well below my rate) that we can agree on as far as compensation. He was furious that I would ask for this and yelled at me on the phone telling me how bad it looks for me to ask for money on a passion project. He also revealed to me that the reason I was not allowed in the editing room (I was the director on the project...wtf) was because he was worried I would be too hands-on with the editor. After an hour long heated argument on the phone he told me he would "get back to me about this payment thing" and hung up.

Fast forward one month later: Without asking me, he is uploading the film bit by bit as individual scenes on YouTube. Last week he uploaded the first scene I directed, giving me no credit (I wouldn't want it... but it's relevant information). Today he's scheduled to upload another scene, which I directed and shot on my equipment. I contacted him yesterday explaining that although the rest of the scenes were a collaborative effort, the next scene's footage is 100% owned by me, and that if he uploads it that would be copyright infringement. As the owner of the footage, I made it clear that I do *not* give him permission to upload this scene until we come to an agreement on being compensated for my time. He laughed at the thought that I "think" that I own any of the footage and told me "good luck proving that".

This next scene will be uploaded today. In my mind, my choices are: leave it alone and take it as a lesson learned, or fight this and sue for damages caused.

Once again, sorry for the long post or any typos/grammar issues as I had a lot to say and not a lot of time to say it.

Anyone have an opinion?



Oh and if anyone wants to see how not to edit, here's the first scene for reference:

http://youtu.be/UH7g3ShuXEg
 
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Take it as a lesson learned and move on. Many of us have gotten screwed this way.

We did work on a feature film with a top director. Never saw a dime. Why? "Oh, we thought you were doing it for free" even though it was all spelled out in writting. The odd thing is that our fee was a tiny, almost a meaningless amount compared to the $38 milion budget.
 
Why not issue a takedown request via YouTube on the part that is entirely your work, presumably you have a copy of the original footage to prove particular scenes are yours or some other evidence?

It seems presumptuous of the person who's uploaded the video to put in the title it's a "viral video" as no one really ever knows if a video will go viral or not at the outset.
 
Send him SMS that he should pay you for commited work, if not, you will shout down his youtube channel..

If no responce, make author-rights claime by youtube, and they will shoot off the entire channel and all the views.. that is what we done to some of our client and youtube has closed the whole channel with together more than one million views..

After that we got paid by them..and they never recover views, again..

It is a little bit mafia approach..but..it has worked in our case..
 
Not to play devil's advocate here, but... You did agree to shoot this for no pay. Unless I missed something in that long post, it's only after that you mentioned some fairly subjective stipulations, but the primary message and the agreement was for shooting for no pay.
You weren't the editor or director, so as nice as it was to offer those services, they weren't part of the deal. Since you're not the director or editor you don't really get a say in the final product. It's too bad that it doesn't meet your standards, but that's the reality of this kind of work. Your awesome footage doesn't always get used or it winds up in something subpar. Oh well.
If you want to be credited, then yeah...the producer should fix that. But getting paid because you don't like the end product? I don't think that's going to fly.
One other thing to consider here is this guy's position in your business world. If he's a big fish and has a valued opinion amongst the people that would hire you for paid gigs, do you want to piss him off and have him trash talk you or leave it with him "owing you one"? If he's just a scam artist that nobody works with, then yeah...flag the videos if you think it will get him to come around or you just want to get even.
 
Not to play devil's advocate here, but... You did agree to shoot this for no pay. Unless I missed something in that long post, it's only after that you mentioned some fairly subjective stipulations, but the primary message and the agreement was for shooting for no pay.
You weren't the editor or director, so as nice as it was to offer those services, they weren't part of the deal. Since you're not the director or editor you don't really get a say in the final product. It's too bad that it doesn't meet your standards, but that's the reality of this kind of work. Your awesome footage doesn't always get used or it winds up in something subpar. Oh well.
If you want to be credited, then yeah...the producer should fix that. But getting paid because you don't like the end product? I don't think that's going to fly.
One other thing to consider here is this guy's position in your business world. If he's a big fish and has a valued opinion amongst the people that would hire you for paid gigs, do you want to piss him off and have him trash talk you or leave it with him "owing you one"? If he's just a scam artist that nobody works with, then yeah...flag the videos if you think it will get him to come around or you just want to get even.


Hey Andrius... I appreciate you responding, and I know the post is long, so I think you missed a few key points.

- I directed about 2/3 of the scenes in the film.
- I also happened to DP two of the scenes I directed.
- I was also in the first production meeting (7 hours long) where we came up with the plot, contributing a majority of ideas that day, and then wrote up the scene breakdown and treatment on my own time.
- Between directing scenes and pre-production time, I spent a total of 50 hours on this project.
- My agreement with him was that we would split the video into parts (part 1 and part 2) and distribute it evenly across our channels to cross promote. He decided that wasn't going to work (he wanted to post all of it) and said that we can both upload the video individually to our channels, which in itself is not what I agreed to. That is completely beside the point. As a director I made a very "safe" assumption that I would be able to sign off on the final product. He admitted to me that he didn't want me in the editing sessions because I "would be too hands on" and he wanted it his way.

My words with him, both over the phone and in that first meeting, were "I don't do free work. The only way I can do this for free is if I can exclusively post the first half or the second half on my channel." The moment he decided that he didn't want me in the editing room, he already broke our verbal agreement because no director in his right mind would want to blindly post content that some film school grad with no experience was throwing together for free.
 
Why not issue a takedown request via YouTube on the part that is entirely your work, presumably you have a copy of the original footage to prove particular scenes are yours or some other evidence?

It seems presumptuous of the person who's uploaded the video to put in the title it's a "viral video" as no one really ever knows if a video will go viral or not at the outset.

Thanks P13. That's what I did. You're right, it is presumptuous. Based on that alone, whatever assumptions you can make about this client's character are probably not too far off ;)
 
I worked for years in the music business and was going to post some sage advice, then I watched the video...

...wow... ...I can see why you're pissed. That is some of the worst editing I've seen in long time.

Ignoring it and not making a fuss might be the best way to go. There's no way it's going viral, it will sink without a trace and be forgotten faster than if you kick up shot storm.
 
No worries, might be worth you checking his Twitter status to see if he's had a rant about the whole thing but after that move on. As Liam says though the more fuss you make the more attention the video will get and views, so draw a line somewhere.
 
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You agreed to shoot it for free.

The video is certainly not going to make any money, so you won't be getting paid. I'm afraid that's just the way it goes.

So yes, you made a bad choice getting involved in it, but look on the bright side - currently you're not credited so no one's going to hold the quality of the final piece against you. That's a good thing.

At the end of the day, the producer (this choreographer) decides what happens with their project (and it is the producer's project, not the directors). It would be nice to have creative control obviously, but that's never a guarantee unless you have it in writing.

Personally, I'd strongly suggest you chalk this one up as a lesson learnt, and vow to avoid getting caught in a similar trap in the future.
 
You agreed to shoot it for free.

The video is certainly not going to make any money, so you won't be getting paid. I'm afraid that's just the way it goes.

So yes, you made a bad choice getting involved in it, but look on the bright side - currently you're not credited so no one's going to hold the quality of the final piece against you. That's a good thing.

At the end of the day, the producer (this choreographer) decides what happens with their project (and it is the producer's project, not the directors). It would be nice to have creative control obviously, but that's never a guarantee unless you have it in writing.

Personally, I'd strongly suggest you chalk this one up as a lesson learnt, and vow to avoid getting caught in a similar trap in the future.

I agreed to do it for free given certain conditions are met, one of them was that we would split the video in half and upload it to our channels. This was the first thing he went back on.... I understand that at the end of the day I screwed myself by not having a written contract, but I definitely made my condition clear to him and as the project evolved (without my input) it became impossible to meet the conditions we agreed on before any work was done.
 
I agreed to do it for free given certain conditions are met, one of them was that we would split the video in half and upload it to our channels.
All this producer heard was "I agreed to do it for free" and everything else was blahblahblahblah in the wind. It's like talking to your dog...all they hear is their name and maybe "walk" "sit" or "biscuit".
I really don't want to be too harsh on your situation or your feelings, but it's the reality of the situation. It sucks to get burned on something like this after all that work, but if it makes you feel better you can call it a free semester of Dealing with Douchebags 101. That class usually costs a lot more. A LOT more. Your education was cheap.
 
All this producer heard was "I agreed to do it for free" and everything else was blahblahblahblah in the wind. It's like talking to your dog...all they hear is their name and maybe "walk" "sit" or "biscuit".
I really don't want to be too harsh on your situation or your feelings, but it's the reality of the situation. It sucks to get burned on something like this after all that work, but if it makes you feel better you can call it a free semester of Dealing with Douchebags 101. That class usually costs a lot more. A LOT more. Your education was cheap.


I totally get what you're saying. YouTube took down the particular video in question... so that's that. Still out a few G's though. You live and you learn.
 
You have no case at all, you never had a chance to get paid for this. You never would have been involved at all if you hadn't agreed to do it for free (which you did, conditions or not). 50 hours is a tiny time investment in the film business, less than a work week. Move on, you are only serving to make yourself look bad to all involved at this point.
 
While many folks here are focusing on the fact that you agreed to do it for free and that that's the end of the road, it is also true that if you did have an agreement for you to have an exclusive right of any kind with the final product in part or in whole, and that he violated that right, and now that exclusivitivy is severely diminished or void, then what you would be reasonable to sue for would be damages, but of course then there would be the question of what reasonable amount was lost in the damages, which if the video doesn't get many views, will not be arguably a whole lot of value, hence not even worth the thought of perusing any sort of legal action

I totally understand your anguish in this, but at the end of the day, even if you're in the right, and you have justifiable grounds for taking legal action, in the end if there's no money in it, then that's a whole lotta headache to give yourself for principle

PS, i'm no lawyer, i just read a lot of legal jargon
 
I agreed to do it for free given certain conditions are met, one of them was that we would split the video in half and upload it to our channels. This was the first thing he went back on.... I understand that at the end of the day I screwed myself by not having a written contract, but I definitely made my condition clear to him and as the project evolved (without my input) it became impossible to meet the conditions we agreed on before any work was done.

All of which is fair enough, sadly, you got screwed over. That sucks and I feel for you. But that doesn't change the fact that you agreed to volunteer on the project - so the guy who screwed you over isn't a 'client', he's a 'collaborator'. And you haven't lost a few grand, you haven't lost a dime. You've simply wasted your time, skill and energy. Which again sucks, but can only be mitigated by a legally-binding contract... which in this case you don't have.

The moral of the story is simply that you have to look out for your own interests when it comes to work - and especially when that work is 'creative' work.
 
I´m pretty sure making an "exclusive use" deal, isn`t the same as "hey, I´ll just do it and don´t expect anything in return".
The problem would be to prove that without a written contract.
 
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