VO-BB - 20 YEARS OLD!

Jeffrey Kafer · Posted: Wed May 27, 2009 10:40 pm Post subject: Stiffed by a client. Again

I got stiffed by a client for 3 message on holds. Didn't get payment up front because he made good on previous gigs, so there was some trust. For the past couple of weeks, he's been playing games like pretending to be other people in email, claiming his business was bought (but not telling me by whom). And now he's shut off all email and phones. In short he's disappeared and even detailed internet searches come up blank.

So, the question is, do I have a right to tell the companies who paid for the services that they may not use the recordings I made? It seems to me that I do have that right, seeing as how the person who sold them didn't pay for them and therefore had no right to sell them.

If I unknowingly buy a stolen stereo and the guy who sold it to me gets caught, I don't get to keep the stereo. Is my logic flawed?
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Jeff
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Voice-overload Web comic: http://voice-overload.com

Philip Banks · Posted: Thu May 28, 2009 12:23 am Post subject:

Your work is your property until you grant a license for it to be used and that license is granted on payment - No payment, no use.

Jeffrey Kafer · Posted: Thu May 28, 2009 8:26 am Post subject:

Well it doesn't seem to be panning out that way. The client is saying that they paid for it, therefore they have a right to use it and are now lawyering up.
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Jeff
http://JeffreyKafer.com
Voice-overload Web comic: http://voice-overload.com

Claire Dodin · Club 300 Joined: 15 Feb 2008 Posts: 392 Location: Sunny LA

I agree with Philip, and sometimes this is how you recover your money.
I had the problem once with an Indian company, when I explained the problem to the end client, he went to bang at the door of the prod company (literally, as they were both in the same Indian city), had a go at them and I got paid an hour later. It was awesome!
Now this end client employs me direct and always pays me! Laugh

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Philip Banks · Posted: Thu May 28, 2009 8:33 am Post subject:

Jeffrey Kafer · Posted: Thu May 28, 2009 8:41 am Post subject:

But is there any legal premise for my claim?

If I buy a house, it's not my job to make sure every stupid subcontractor has been paid.
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Jeff
http://JeffreyKafer.com
Voice-overload Web comic: http://voice-overload.com

Philip Banks · Posted: Thu May 28, 2009 8:56 am Post subject:

Yes. Copyright law. The producer does not and will never own your work, nor does the client, you merely grant a license to use it in (insert context). the producer is in breach of your copyright for allowing the use of your work and now the client knows that you have not granted HIM permission to use your work he must stop or he is in breach.

Permission to use is granted on payment to you for your work, the client paid for the production, a production he can't use.

Deirdre · Posted: Thu May 28, 2009 9:21 am Post subject:

Philip Banks · Posted: Thu May 28, 2009 9:31 am Post subject:

Were I in Jeff's situation I would walk away unless there was a considerable amount of money involved which I felt I had a reasonable chance of recovering.

Being in the right is not the same as being in the money. I do this job for the money.

Jeffrey Kafer · Posted: Thu May 28, 2009 10:20 am Post subject:

I really have no choice but to walk away. It just infuriates me to no end.
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Jeff
http://JeffreyKafer.com
Voice-overload Web comic: http://voice-overload.com

Philip Banks · Posted: Thu May 28, 2009 10:36 am Post subject:

After nearly two decades I still don't like walking away but for the sake of not wasting time, money and keeping sane it has to be done.

Moe Egan · Posted: Thu May 28, 2009 10:42 am Post subject:

This is a complete off the topic comment...but wouldn't it be "3 messaages on hold"?

Sorry to hear about your woes Jeff...I have eaten my share of unpaid invoices...not yummy at all.
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Moe Egan
i want to be the voice in your head.
~~~~~

Mandy Nelson · Posted: Thu May 28, 2009 1:05 pm Post subject:

Jeff, I'm sorry to hear about this, too, and hope you can get past it quickly. It bites. Perhaps you should pony up the name, if that is allowed around here, so he doesn't do the same to one of us and to help get it off your chest.
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Jeffrey Kafer · Posted: Thu May 28, 2009 1:16 pm Post subject:

Stephen Branham Productions is the client. But it really isn't a company, just some dude.

Anyone ever used a collections agency?
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Jeff
http://JeffreyKafer.com
Voice-overload Web comic: http://voice-overload.com

Drew · Posted: Thu May 28, 2009 1:31 pm Post subject:

Yes. And the agency took a third of what they were ABLE to collect. Almost as difficult as litigation. When it's all said and done, the only one really getting paid is the lawyer.
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