Hello, I've been a freelance videographer for three years, and I get my work through a freelancing website. I've never had a legal problem before. I've been having problems with a client who has violated several aspects of our contract. We finished the project a few weeks ago, and now he has decided that he wants all the project files (the files that are created through my editing software). He owns all the raw files (the original video footage), and in my contract I have it stated that the client will receive all final files.
I did a lot of research on the subject, because I've never been asked for project files before, and it is industry standard that the artist does not give the client the project files unless specifically stated in the contract. If the files ARE turned over, then it is for a fee.
This client, by the way, still owes me for shipping his final product to him on his own hard drive, which he had shipped to me a few months ago. Because this client is difficult to work with, I told him that I would hand over the files for a small fee to cover shipping the files to him (they are about 50gb of material). In addition, I told him that I wouldn't send them to him until he had 1) reimbursed the shipping (that is in the contract, he is required to reimburse shipping costs) and 2) paid for the shipping the project files up front.
He is now threatening to sue me for $50,000. He claims that he does not need to pay me anything because he owns ALL the files. He claims that they are his intellectual property and that because he owns the copyright to the final product, that means that he owns the copyright to EVERY SINGLE FILE. He has also filed a dispute with the freelancing website claiming that I "refuse" to give him these files, and they said that his reason (that he might need to change things in the future) is valid. I don't care if it's valid or not, I said I'd give him the files if he pays for a way to receive them.
I started to work with an attorney on this to make sure that after he gets the files, he can't turn around and accuse me of tampering with them or something, but I cannot afford the retainer. She did tell me that I shouldn't just give him the files, that I should make him pay several hundred dollars for them because my contract, while messy, is clear that he only gets the final product, but I just want him to go away. At this point, I am just trying to figure out if he does own copyright to EVERYTHING, that by owning the copyright he is entitled to project files, and if the project is considered his intellectual property. As far as I know, this is not a work for hire agreement. I know his lawsuit threat is BS, since this is a matter of literally less than $100. I know the copyright/IP issue is really beside the point because he still owes me $80 for shipping his hard drive overnight, but I do want to know who owns what before I get on the phone with him and the freelancing website so I don't look like a moron.
Any help or direction to other resources would be appreciated.
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Topic: Freelancing Copyright Question (Read 642 times)
