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The end of a retainer

 
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voicejones
Contributor III


Joined: 03 May 2005
Posts: 84
Location: Fly Over State

PostPosted: Sat Jan 14, 2012 8:28 pm    Post subject: The end of a retainer Reply with quote

So I've been on a retainer for commercials for a small chain of stores. Now the owner has decided he no longer needs my services and that's OK, everything has an end. I'm now composing a letter thanking the client for letting me be his voice for the last 2 years.....and that he may no longer use my voice for future spots without compensating me and that he may not re edit existing stuff for future use. My big mistake was not outlining this at the beginning. Do I have a legal leg of any kind to stand on if he uses my voice anyway?
JJ
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Jeffrey Kafer
Assistant Zookeeper


Joined: 09 Dec 2006
Posts: 4931
Location: Location, Location!

PostPosted: Sat Jan 14, 2012 9:10 pm    Post subject: Reply with quote

Depends what your previous contract says. If it was a buyout, then, well, he bought you out.
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Deirdre
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Joined: 10 Nov 2004
Posts: 13016
Location: East Jesus, Maine

PostPosted: Sun Jan 15, 2012 12:21 am    Post subject: Reply with quote

And no contract implies buyout.

In your letter, you could say it is normal practice to cease using recordings once the retainer is terminated, but unless it's a priori in writing, you are bones.
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Philip Banks
Je Ne Sais Quoi


Joined: 20 Jun 2005
Posts: 11048
Location: Portgordon, Scotland

PostPosted: Sun Jan 15, 2012 12:41 am    Post subject: Reply with quote

On a more important note, the PR value of sending such a letter would be like Bill Gates writing to the Bodelian Library suggesting it saves space by "scanning and shredding all those old books".

Dear Retainerer,

It's been a delight to be of service to your business and I thank you for the support for mine.

May I wish you every possible success for 2012 and beyond
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Bruce
Boardmeister


Joined: 06 Jun 2005
Posts: 7926
Location: Portland, OR

PostPosted: Sun Jan 15, 2012 9:57 am    Post subject: Reply with quote

Unless the copy is timeless/ageless, something they really could run forever, I wouldn't worry about it too much. Chain stores ads are usually all about specials and current trends so they're mostly old hat already?

Someone somewhere decided it's time for a different voice so I'm guessing they'll move on totally.

B
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Lee Gordon
A Zillion


Joined: 25 Jul 2008
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Location: West Hartford, CT

PostPosted: Sun Jan 15, 2012 11:01 am    Post subject: Reply with quote

The only thing I would add to Philip's proposed message to this client is,
"If there's anything I can do for you in the future, please do not hesitate to ask."
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Jeffrey Kafer
Assistant Zookeeper


Joined: 09 Dec 2006
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PostPosted: Sun Jan 15, 2012 12:24 pm    Post subject: Reply with quote

exactly. Why go out on a negative attitude? It ceases to become a thank you letter and becomes a cease and desist. The only thing your request will do is burn the bridge.
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todd ellis
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Joined: 02 Jan 2007
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Location: little egypt

PostPosted: Sun Jan 15, 2012 1:31 pm    Post subject: Reply with quote

+1 what everybody else said.
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Deirdre
Czarina Emeritus


Joined: 10 Nov 2004
Posts: 13016
Location: East Jesus, Maine

PostPosted: Sun Jan 15, 2012 2:19 pm    Post subject: Reply with quote

Quote:
It ceases to become a thank you letter and becomes a cease and desist.


YESH.
And Philip is totally right.
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Frank F
Fat, Old, and Sassy


Joined: 10 Nov 2004
Posts: 4421
Location: Park City, Utah

PostPosted: Sun Jan 15, 2012 3:02 pm    Post subject: Reply with quote

"Don't burn your bridges." I have a client who after one year off a long term relationship has come back and agreed to sign a contract. When we parted ways I sent the company a "Thank you" note and my contact a little gift.

They not only remembered this little gesture, but have spoken about it to other folks who have used my services.

"Be nice - and take out the trash."

Frank F
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voicejones
Contributor III


Joined: 03 May 2005
Posts: 84
Location: Fly Over State

PostPosted: Wed Jan 18, 2012 11:19 am    Post subject: Reply with quote

Thanks for the advice. It makes sense to me to take the "high road" and work the future PR angles rather burn a bridge.
JJ
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