Hi guys, I am a freelance designer/artist. I was in an agreement with the management of a band to do a 1h30min video for them. I started working on it only after I got the green light from the manager that they are going on with it for sure. Worked extremely hard for 2 months. Kept asking for feedback and input but I never got it. I just got some very general direction from the manager in the beginning, which I followed, adding my own stuff. Before the band watched the video the manager saw some samples and was extactic about it. The band saw the video and they didn't like it. Actually, they didn't like the stuff that the manager had told me to do and they liked the stuff that I added on my own. Though it wasn't my fault, I worked one more week to correct this. The band and management again didn't bother to give me feedback then either and they actually told me that they won't be using it and that there's not enough time to correct it. I told them that they have to pay me anyway so they better give me some feedback now if they want to get something for their money. This seemed to put a bit of sense into them. I sent them some samples from the new version and they liked it. They told me to make some additional changes which I did. I completed the second version of the video and handed it in to them. Then they contacted me 5 days later and told me that they won't be using it and they will call me on the 18th of oct to discuss it. I found the whole thing extremely unprofessional on their side, and it's simply unacceptable not to pay me since we had an agreement, after 2 months hard work (sometimes 16 hours a day) and all the expenses I had to make on my own for the video. I don't have a signed contract but I have all the emails that we exchanged where you can see we have an agreement there. Any advice on how I should go about the whole thing if they refuse to pay me still? I am pretty sure I can win a lawsuit with all this (and that's what some other people from the music industry told me). A thing which would complicate matters is that I am a registered freelancer based in UK and the management/band are from norway. I would appreciate every advice! I can send you a more detailed account of the facts if you want Thanks /achilleas
WOW it must be contractual law week on DP and forums in general Contract law is simple (well kina). there has to be offer Acceptance consideration (Payment) You don't ne a written contract to be able to enforce it in Europe, although it makes life a lot easier. You made them an offer, they accepted, and now have to make the payment. The emails and correspondence you have will win your case, although, more important is the legal entity of the mangement company. If they are alimited company and the sum is large, then they might wind it up and your left with nothing. The biggest problem is that they are not in the EU though.
hi and thanks for the prompt reply yeah i have all these so i am ok legally.. the sum is not big, its £3000. is that better for me or worse?
Lesson #1 - Always get a signed agreement. Lesson #2 - Without a signed agreement, enforcing the contract is very difficult. Lesson #3 - It will take great deal more effort and out of pocket expense to enforce the agreement. Good luck. I've also learned this lesson the hard way, fortunately it was not nearly this amount in dispute.
hi yeah i believe in any case that this is a lesson for me indeed... Some poeple can be too unprofessional with things, and then again sometimes you can also be counting on people keeping their word more than you should... I do hope that the thing is not going the legal way because even if I win it will take ages to get any money. So I am hoping to scare them off with a prospect of lawsuit and reach an arrangement... we ll see...
You could always tell them that you will send the lads around Look on the bright side, they might make it big one day, then you can cash in bigtime on the video as they never paid, and YOU own the rights
Haha. I dont think they will be lot more bigger than what they are. They are not big by any means but are well known in their genre. Plus, the video won't be used as far as they told me. Well of course, if it is used ever, they're screwed but I don't think they will be THAT stupid... then again, judging from their behaviour so far...