To Hand Over Production Material...Or Not?

reygun

reygun

Well-known member
I wanted opinions as my hope is this issue won't go into any sort of legal direction.

I freelance (shoot, edit and produce technical, how-to DVDs) for a couple digital hardware distributors. Recently, I've been asked by one of the companies if I could hand over all the work files (PP file, AE file, stills, animations, videos, assets) from one of the DVDs. Reason being—one of their international distributors likes exactly how this training DVD looks and functions, BUT would like to have their international (German) in-house production department re-edit into German.

Does my client have the rights to this entire working file? They paid for a product, but does that include the working files?

Any and all replies welcome—especially if you've been in a similar situation.

Thank you!!!
 
You might ever-so-cautiously try to charge them extra before handing over these assets.

If they sue you, I doubt it's worth fighting it. Live and learn, and spell it out in your next contract exactly who retains rights to what.

1. I am not a lawyer.
2. The law is often like spelling. Sometimes it makes sense. Sometimes it doesn't. Pure logic can trip you up. You just have to know it.
3. This is probably googlable.
 
I would say no. Those are not the products they paid for. The product is the final video, especially if you provide editing services. They are not entitled to those work files unless explicitly stated in the contract. As you may suspect, this could cost you follow on work.

I would provide them with a file, perhaps original quality, with audio that they're German affiliate can overlay different dialog. In narratives it is expected to maintain different mixes for sound design, Foley, dialog mix, and scoring to provide for this eventuality. Your product may contain production sound that would not provide as readily for excising the dialog track, as it may have been all captured live.

If you do decide to help them out by providing your project files, I would charge them a handsome fee, as it will indeed cost you follow on work in subsequent edits. If you originated the graphics and the titles in AE charge them for that.
 
Unless your contract with them specifically says work for hire, you own the originals, copyrights, and any work materials produced to deliver the finished product. Do you get royalties on the DVD sales?
It is digital media. No reason to hand over originals. Sell them file copies with a limited copyright license for the German distributor only.
 
reygun said:
Does my client have the rights to this entire working file? They paid for a product, but does that include the working files?

Any and all replies welcome—especially if you've been in a similar situation.

Thank you!!!
Click to expand...

As always... seek actual legal advice on such subjects if you want a reasonably definitive answer...

But I would say look at your contract. If the deliverable was finished DVD product, then no, they don't have a contractual 'right' to any intermediate material used to produce that end product.

If you wrote your own contract, and didn't mention intermediates, then it's not in the contract.

The question would be do you 'charge' for the additional materials, or if you think this would kill continuing business, do you 'give it away'?

When the Wife was doing wedding photography, she would generate a number of prints in her process, which didn't measure up to her standards, but the client would only get the exact amount specified by the contract. She also had negatives, which were not a deliverable. I think her contract did mention negative could be purchased, but in a separate negotiation and contract.
 
What the client's rights are in theory is nice, but in reality it's not going to be a question of what's the client's legal right, but what kind of relationship you have and want to have in the future with them. The best approach here is to keep control of your material while coming off as the super helpful wonderful contractor that you are. ...and charging them for your time in the process of course.
Explain that it would be difficult (and expensive) to collect all that material and deliver it because of the way you put it together, and it would take them forever to re-edit it, but... Offer to put together a useable version without the language track or that the Germans can use to record their voiceover. Now you're doing the billable work, being helpful, and saving them a lot of hours that they'd have to pay for on their side while maintaining the same quality finished product that they like so much. Win-win-win.
 
Thanks for the input gents, and helping me get my head towards the right track in avoiding conflict, remaining in good standing and maintaining a working relationship with them. Now I know I will have to amend all future contracts: include or omit "intermediate" material—among other details I'll have to dissect.

They're receptive to my response of a "repackage and delivery fee." So I think this hiccup will end OK for me.

Again, this forum and its members are awesome—on so many levels.
 
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