• Register
  • Help
Results 1 to 8 of 8

Topic: OT: If someone did this to you...

Share/Bookmark
  1. #1

    OT: If someone did this to you...

    I would love some input on a situation that has just happened to me. I have produced several 3D animations for a pretty large name client. (Niot Microsoft size but pretty big, sorry can't name the company) In order to secure some of this work I submitted demo reels showcasing my animation and video work and also included an audio CD of my compositions. Along with the animations I ended up producing for them II also wrote music for each piece to compliment the visuals.

    I noticed the other day on their website several of my animations with music. 1 of the animations had the music I had written for it but two of the animations had music that the editor took from my demo reel. In no way did I imply when sending out my audio demo that this music was their's to use freely for other projects. The disc includes a copyright notice. I feel that the editor simply thought, "I need a piece of music for this animation and I'll just take it from the audio CD"

    I contacted the company and they are willing to negotiate a sum. The music pieces are 1:10 and 1:20 long respectively. I hope to get more animation and music work for them in the future and do not want to "pee" anybody off but... they did use my music without my permission. As the company seems to be willing to work with me I do not want to get a lawyer involved. In an age of illegal downloads where we have seen record companies go away how do you protect yourself from people utilizing your material?

    Any thoughts or suggestions?

    All the very best,

    Darren
    www.darrenpasdernick.com
    "Every time you play a wrong note God kills a kitten."

  2. #2

    Re: OT: If someone did this to you...

    Not sure what I would do about your current situation, but for the future I would suggest using a watermark of some sort (audio or visual) over everything you send out. Nothing terribly distracting, but enough to keep people from using your media without your permission.

  3. #3

    Re: OT: If someone did this to you...

    A watermark is a great idea.

    Regarding your negotiation, keep in mind that you are in the stronger position. They used your stuff without paying. You can demand *your* top dollar - take it or leave it. They didn't negotiate with you for your content. You don't need to negotiate with them for their money.

    That said, be civil and respectful at all times. And be ready to leave the negotiation at any time. They're stuck.

    If at the end of the day, you negotiate down 10%, they'll be thrilled.

    Just don't - at any time - feel that you are in the weaker position. In fact, tell them up front that you are in the strong position, and they are in the weak position - and that it's unfortunate that they put themselves there. It's not the way you prefer to do business.

    Best of luck!

  4. #4

    Re: OT: If someone did this to you...

    this doesn't seem malicious, more likely just miscommunication somewhere along the line. just negotiate a fair fee and make sure everyone is still happy at the end of the day.

  5. #5

    Re: OT: If someone did this to you...

    "they did use my music without my permission"

    So what?

    "I contacted the company and they are willing to negotiate a sum"

    -and-

    "the company seems to be willing to work with me"

    That's all that matters; that's why my "so what" is applicable. If the company did NOT want to work with you again and was unwilling to negotiate a fee, that's a completely different story. But when you are in business with someone, and you want to keep a good relationship because you will get more work out of them, you have to sometimes swallow your pride and be willing to let certain things fly. That does not mean roll over and let yourself be completely taken advantage of, but your scenario is not to the extreme.

    Watermarks: good and bad.

    Good - when submitting a peice for approval to the person/company that contracted you to write said peice.

    Bad - when submitting your demo reel. Not sure about advertising, but film people (directors, producers. studio execs) are not going to be happy when they hear watermarks on demo reels. In fact, it's likely to piss them off, and your demo reel may quickly be filed under G.

    Cheers.

  6. #6

    Re: OT: If someone did this to you...

    I had a similar situation and went to an Attorney first. He suggested to let them continue to get air play, even though my copyrights were not being aired, they were on the Media that was being sold.
    They will not be afraid of your emails, but 11" x 17" legal paper is a different story.
    JimmyV

  7. #7

    Re: OT: If someone did this to you...

    Quote Originally Posted by dpasdernick View Post


    I hope to get more animation and music work for them in the future and do not want to "pee" anybody off but... they did use my music without my permission.

    Any thoughts or suggestions?

    All the very best,

    Darren
    It depends...
    This is not good business practice on their part and we all negotiate in good faith.

    Voice your opinion about the way you feel regarding the situation. If the results are good, the problem is fix. If your instinct gives you problems, let the attorneys fix it!

    --Al

  8. #8

    Re: OT: If someone did this to you...

    If you HAD used some kind of sonic watermark on your reel then he would not have used your track and would probably have found something else, by someone else.
    You're in a great position now. Don't pee anyone off , there's no need. Just be professional and courteous and reap the rewards

    All the best,

    Jim
    -----------------
    MacPro 2x3 Ghz Quad Intel OSX 10.4.11 DP 5.13
    9 Gig RAM
    VI's & Libs: Ethno4 / Tsaiko/ RA / Symphonic Choirs/ MX 4 / V-Station / Kontact / Arturia MiniMoog V / EWQLSO Gold / GPO / Atmosphere / Trilogy / NI Komplete4 / Massive / SAM Horns / True Strike /GPO/Garritan Jazz Band / QL Brass /Stylus RMX/ Atmosphere /Trilogy/ Voices of Passion

Go Back to forum

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •