How do I protect my work?

A

Alpha Beta Omega

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I did two short videos for a client that potentially can bring work. The deal was that we made these two to 1; see if the collaboration would work, 2; to make two types of videos that would work as demo material for what I can provide and that he can use to sell. All is fine so far and we have just about finished these two videos. I've made everything for free in the main purpose of point 1 and 2.

In one video we made it at a company as a company presentation video. We talked about that they could use the film when it was done and I have no problem with that. But to protect my work, I shot, edited, made 95% of the creative part, graded, final sound mix etc, I put a watermark in one corner. In reality they get a video with a market value of roughly $5000 for free. Now he wants to get a version without the watermark but I really don't want to just give this production away without being certain that I get full cred. I have put my time, knowledge and equipment in these videos and I really don't want anybody else to take credit for my work.

The thing is so far I don't know if these will generate any work. When we start to talk prices my client thinks it's to high and especially equipment. I've given him prices for using less equipment but as usual clients wants more for less. I've explained that I run a business model with my equipment and I have to charge a sum to have everything make sense. My price is about 30-50% lower than the local rental company and can't be considered high. Not only that, now he asks for using me to only shoot and taking the footage elsewhere or do the edit himself. In that case the videos I've made will be false marketing since he wont be able to provide the same quality or style.

I have a feeling this will end up with me making short jobs only shooting for a small sum, that is if any work will come. Frankly in that scenario it doesn't feel to good to just "give" away the two videos I've already made without any watermark or other way of reassuring these videos can't be used by him to sell without involving me.

Opinions?
 
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Do you have any type of written agreement on paper with this client?

If it's a branding issue, can you create what he wants with co-branding where both of your companies are represented in the video. ( I am assuming that your watermark is subtle, and not a visual problem with branding )

If this was me, I would let the client know that he would have to purchase the footage without your watermark, as your watermark ensures that you get full credit for your work.
 
No written agreement so the two videos are my intellectual property. We haven't even talked about rights because he's a newbie in this business.

When I said I couldn't remove the watermark (which is clearly visible but placed discretely in a corner) he said something like - "Then it looks like they didn't pay for the video". He's right on that, they haven't paid anything.

If would like to say that if they want a version without watermark they have to pay for at least some of the production cost I've put in. But I don't want to be the sort of person that holds the footage ransom and demands to be paid afterwards. I would rather just protect it by having my watermark displayed through out the video.

The point is when he now asks me to get a price for just using me to shoot the video part and not hire me to do the post production these videos we've made are kinda pointless. The deal at first was to hire me to get the entire end product. If he now decides to only use a part of what I can do but still use these videos to sell, well that's not what we talked about in the beginning. Chances are he hires another editor but still have my complete work as demo.
 
Without knowing, I think he has promised the company featured that they would get a video for free. That might be his dilemma and although he assures me that the video wont be used without crediting me I see nothing gained by just giving away a premium product without any protection of my work. Even if he puts a line of text on their web page nothing stops him from taking full cred for my work.

So co-branding wont solve anything and frankly since it's 95% me that doesn't sound to good. I'm okay with making these two videos for free when I saw these as a good way to show my craftsmanship and the concept looked promising at first. In retrospect I wont do this again. I have enough examples to show as is if anyone wants to see my work.

The other video we did he first promised a small sum but he hasn't mentioned anything about that or showed me some money. So I am cautious.
 
Osslund said:
The other video we did he first promised a small sum but he hasn't mentioned anything about that or showed me some money. So I am cautious.
Click to expand...

...You have every reason to be cautious, it sounds like he wants a "free lunch" at your expense, which is not a good way to start a business relationship.
 
I just found an email written by me dated back in March were I asked to get paid if his client would use the video. I also wrote that if I can't get paid I would consider these videos as sales material to bring in work to him and me. No mention of his client getting anything for free. The produced material only for sale purposes.
 
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I'd remind him that he hasn't kept up his end of the bargin so you are under no obligation to deliver a clean copy to his client and it is his issue that he told them he could have the video before delivering on his deal to you. No signed contracts of upcoming work no clean copy. You are not responsible for the other deals he has made to an additional company.

Although would you even want to work with this guy consider the test experience went south fast. I'd cut my losses leave it watermarked and tell him to take a hike unless he wants to act like a professional.
 
I will cut my loss and not do anything more with the videos so far produced. I know he might want to change a thing or two and get a clean copy but I wont do that. I'm sure he'll complain and whine but what can he do... I just went through all our mail conversation and it that we only spoked about making sales material and that I would like to get paid if his client were to use the footage. I'll stretch as far as giving them the right to show the video as is at their web but only in the version ( watermark ) I've provided.

He will sure argue that this will generate work by making additional changes and make a clean version but I see no such reason.
 
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