Payment terms

[filmguy123]

one of my key terms is that the rights don't get released until the full payment is received.

This.

"A license to the Deliverable(s) is granted only upon total payment received."

If they use anything without total payment rendered, they are in clear breach of copyright law. Again, this won't make it worth legally pursuing (which is why cash if your only REAL leverage) but it's enough to be worth some leverage for sure. The agreement should define the license and the Deliverable(s).

Anyone who balks at this - not worth it. Also, it's not a sure fire protection... let's say they breach it and owe you $3,000... are you really gonna start a long expensive legal war?

Still, I think this should be in every producer's contract.

 

[Mitch Gross]

You mentioned shooting as well as editing. That's a bit different than just being a hired for the day cameraperson. When it is work where you are a production entity -- doing preproduction, production, and post-production -- you have a bit more leverage than a day player. Mind you the legal status isn't really any different, but the client's dependence on you is different. I have often done work where payment is divided into thirds based on the three categories above. At the completion of each I get paid a third based on the agreed upon contract. Some clients may balk but others have no problem with it and it is a standard practice in many industries.