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[Feelingdown]

I'm a freelance videographer. I was hired by another freelancer to do a shoot he was not available to do himself. On the morning of the job I got stuck in traffic and, thinking I might be late, called the client to advise him of the situation in case he felt the need to book another shooter. He told me to keep coming and keep him informed.  We spoke several more times as I got closer to the location. He was always aware of my location and ETA.

I got to the location 5 minutes after the event was to start and began shooting immediately. After some time had passed the client came up to me and introduced himself. We then proceeded to do two interviews which he conducted and shoot B-roll, per his requirements. In the end I shot 30 minutes and gave him the tape. We shook hands, he thanked me for coming and we parted.

The freelancer who hired me says the client is now making noise like he does not want to pay me. That he had to hire another shooter to replace me. There was another crew there but I was not aware who they were with. This was an open event outdoors and anyone could have had access to it.

I understand I messed up by not making the start time. I was on the road for 3.5 hours and missed the start by 5 minutes. That's my fault. However, I feel I should have been told my services were no longer required at some point prior to reaching the location and my starting to shoot.

Questions:

1) I assume I own the copyright to what I shot. Therefore, he has no rights to it and cannot use it for any purpose without my consent.  Is this correct?

2) Should I ask him to return the tape with a letter stating he has not and will not use the material it contains now or in the future?

Please advise what my options are?

[Isaac]

1) I assume I own the copyright to what I shot. Therefore, he has no rights to it and cannot use it for any purpose without my consent.  Is this correct?

Sounds right to me.

2) Should I ask him to return the tape with a letter stating he has not and will not use the material it contains now or in the future?

If he isn't going to pay, you can ask for the tape back, and you can inform him in writing about his lack of rights to use the tape.   A lawlerly letter might be an effective way to hammer the point home.   While a signed letter from him renouncing the rights would be great, I'm not sure why anyone would cooperate in such a way.   Maybe he'd do that in return for your renouncing your right to be paid.

If you are still negotiating payment, and the noise about not paying is really still just noise, maybe you might want to ask for the money before you drop the hammer on the client.

[Feelingdown]

While a signed letter from him renouncing the rights would be great, I'm not sure why anyone would cooperate in such a way.  

In that case, who would have the burden of proof the material was used or not?

[Isaac]

You would.

[JSonnabend]

You would have the burden of proof, as Isaac indicated, but consider how this might play out.  

You provided your services and the tape to him and he's refused to pay.  That's breach of contract, and you can sue him on that.  He's also refused to return the tape.  That's trespass to chattels, conversion, or something along those lines, and you can sue on that as well.  Once you've sued, you can use discovery to ascertain what was done with the tapes.  

Once you have made the necessary findings through discovery, you can amend to sue for copyright infringement.  How you'd register the work in this context I don't know, but that's another issue that could be addressed.

- Jeff

[Feelingdown]

How you'd register the work in this context I don't know, but that's another issue that could be addressed.

I also had this same question. Since I do not have the original tape how can I register the video. My understanding is you must submit a copy for it to take affect?

By the same token, what would prevent him from registering the tape since he has the original?

[Feelingdown]

Is there any time limit for me to begin an action of some sort?

[biopico]

I suggest you look for a lawyer asap so that you don't lose any potential claims unless you represent pro se.

Your lawyer will tell you the statute of limitations for each of your claim in your jurisdiction.

[JSonnabend]

There are likely statute of limitations on your various causes of action, but I wouldn't imagine any are less than two years or so.  For breach of contract in New York, for instance, you have six years to bring suit.

There is nothing stopping the holder of the tape from registering for copyright, but registrations don't provide any definitive, substantive rights.  He'd likely have to perjur himself as well.

- Jeff

[Feelingdown]

I guess what scares me about suing are the costs involved to go after someone like this. Here I am a little guy trying to make a living and I'm up against a large media company and an even larger corporate client on their side. They hold all the cards in terms of having lawyers to call upon. Whether they are in the wrong or not they can tie me up in court for years and I maybe (probably) never see a dime and go into the hole financially.

The cost of the job is around $1100. The tape $14. How much good would it due for me to go after them. I would think an honest lawyer would tell me to forget it.

BTW: I did the job for another independent shooter so really I cannot go after HIS client I'd have to sue him and that's not going to happen. I'm screwed.

[biopico]

Realistically speaking, it is not worth fighting in a court of law because you would have to spend a lot more to recover $1114.

But you still might want to request the guy in writing to return the tape and compensate you.  You could try to find a lawyer to draft the letter laying out the legal theory what rights of yours have been violated so that the guy feel pressured.  A lawyer might charge you an hour or less ($200-$600/hour).

Who knows how much you end up losing starting from the loss of $1114, especially if the tape turns out to be profitable?

[JSonnabend]

Biopico is largely correct (although I charge $185/hr.).  There's also small claims court in most jurisdictions.

- Jeff

[biopico]

JSonnabend:  

You are truly offering an affordable rate ($185/hr). I am glad to know.