What's the best practice to get the money you worked for?

Discussion in 'Business' started by Ola Haldor Voll, Apr 26, 2012.

  1. Ola Haldor Voll

    Message Count:
    171
    Location:
    Trondheim, Norway
    In March I did a job that started as a color grading job, then escalated to become motion graphics and 3D, more than doubling and trippleing the final cost to the client, compared to what was originally discussed for grading alone. All of this was mentioned in a contract.


    The client had me working day and night due to a dead line that was shrunk from 12 days (including weekend) to just 7 days. But I was ok with that. It would generate a healthy amount of money.

    Job done, a few kinks were corrected and the job was delivered in h264 files for their final approval.


    It's been three weeks over due. Two notes, a few failed phone calls, and we have yet to hear from this guy. So I did something I'd usually not do - I contacted the AD of the company who's his client. She said they have had contact almost every day, planning new projects.

    That really grinds my gears. What the heck am I supposed to do? Refuses to answer the phone, no sign whether he's going to pay what I worked for.

    Times are slow, money does not grow on trees. I really, really need the money to pay rent and put food on the table.


    Feel free to come up with suggestions.
  2. Fateh Shams

    Message Count:
    49
    Location:
    Gothenburg, Sweden
    That's sad! Sorry about it!

    Have you sent invoice? Then you can send a reminder after 30 days if invoice is not paid. In Sweden there is Kronofogden, if you are still not paid, you can send the case to them. I don't know but there should be something like this in Norway too.
  3. Ola Haldor Voll

    Message Count:
    171
    Location:
    Trondheim, Norway
    Yes, invoice and reminders sent. We have "inkasso", which I guess is the same you mentioned for Sweden.
  4. David McLaren

    Message Count:
    267
    Most freelancers encounter this from time to time. Depending on the amount of money and the client, I either refuse to work with them again and send polite emails to their accounts people, once a week if it's excessive. Or if they are a good client I sometimes just have to swallow it for the promise of more work in the future. That's life unfortunately.
  5. Josh Petok Moderator

    Message Count:
    103
    If I have a new client that I'm working with, I only release files that have timecode burn in. I pose it as, "Well, it's easier for you to give notes if I have the timecode on there." Once they pay, they get the clean hires files.
  6. andres de la cruz Moderator

    Message Count:
    307
    Location:
    Madrid, Spain
    I use Josh Petok way and it works, i use The timecode and The word OFFLINE with less opacity across The image
  7. Jason Myres Moderator

    Message Count:
    1,014
    Location:
    Los Angeles
    This is brilliant. Its a reasonable way to send a client finals, while retaining some leverage. Getting paid is an age-old battle though, and here are a few things I do:

    1) Ask for a down payment. I ask for 50% down. Like all things, it's negotiable, but you'll be amazed at how fast this weeds out the pikers. Everyone who has been willing to give me a down payment, has also offered me the best work, and was the easiest to deal with. This is especially helpful in fending off instances where a client has actually booked more than one artist, and only intends to pay one of you, based on which final they like best.

    2) Be selective. Many people take whatever work comes their way. This is bad business. If you don't weed out certain clients early on, they will drag you into the ground.

    3) Know your clients. I rarely work for anyone I don't already know or who hasn't been vouched for by a friend. Most of my work comes from lose partnerships with people who have an investment in me as a creative ally. If you are working with people who don't care about you beyond the job, not getting paid is just another extension of that.

    It sucks you're going through this, Ola. The best solution I know of, though, is to make sure you don't get into this situation in the first place. As for collecting on this current past-due account, my main rule is to always stay professional and keep records of everything you do. If they haven't paid you after 90-days late, they're probably not going to, so you can either write it off, or take them to small claims court or some equivalent of that.
  8. Josh Petok Moderator

    Message Count:
    103
    Really great advice Jason!
  9. Marc R Leonard

    Message Count:
    87
    Location:
    The Wild West!
    This is all great advice, thanks guys!
  10. Robert Houllahan

    Message Count:
    117
    That sucks Ola, this is why labs never release film or dailies until paid there seems to be a long history of producers ripping off post production. I would suggest hiring a couple of goons to go "Collect" for you but that is probably not helpful :) I really like the idea of burning timecode in for "new" clients until there is a history of fair dealing with them.

    -Rob-
    Ola Haldor Voll and KwangWoo like this.
  11. Margus Voll

    Message Count:
    64
    Location:
    Tallinn, Estonia
    >I would suggest hiring a couple of goons to go "Collect"

    "inkasso" is nice clean (legal) way to hire goos so to say for a fee. Mostly the fee is 10-50% of the sum.

    We have also something that is called business registry where you can apply any claims not payed in 45 days after original due.
    Readjust credit record for every time any invoices are not payed.

    Wonder if you have something like that there ?
    KwangWoo likes this.
  12. Ola Haldor Voll

    Message Count:
    171
    Location:
    Trondheim, Norway
    Burning timecode and such info is a nice idea, Rob. I'll absolutely do that!
    "Wanna get rid of the timecode cluttering your image? Pay on time!"

    I can totally see sky scrapers with big banners.
    Tine Woren likes this.
  13. Robert Houllahan

    Message Count:
    117
    • There is no similar organization in the USA, unless you count hiring a lawyer to bring a suit against the person, which may cost more than the monies owed. I know that if a producer does not pay the camera department that that producer does not technically have rights to the copyright of the film/video shot in the USA and that the rights revert to the camera man. I know of a number of camera department people who have used this by calling the end client and informing them that the producer had not paid and that the camera person was going to claim the copyright and sue the end client if the film went to air, this is highly effective.
    I have also hear a story from years ago about a producer that did not pay a union production in New York City, some of the crew visited the producer in his office on the 12th floor looking for a check. The producer told them that he could not pay, the Key Grip picked up the producers IBM Selectric typewriter and threw it out the window and then told him that if he did not come up with the money that the producer was going out the window next, he paid.

    -Rob-
  14. Ben Starkey

    Message Count:
    10
    Location:
    Garden City, KS
    50% up front was the best change I ever made as freelance. It really weeds out bad clients.
    Tine Woren likes this.
  15. Dwight Hartnett

    Message Count:
    3
    Location:
    Vancouver, Canada

    Back in the film days (remember those?) having to hold the film hostage was a rare but not unheard of occurrence. Apparently unpaid crews was a frequent enough event in the early days of Vancouver's film industry that even producers of small(ish) indies are still required to post a size-able bond with a payroll company. I imagine (but don't know) that this is generally the same practice elsewhere?
  16. Dermot Shane

    Message Count:
    137
    Location:
    Vancouver, Canada
    I still have all the drives for a feature i did the title seq & VFX for back in 2002... the producer never meant to finish it, i think he just used the "future revenue" carrot to keep investors throwing cash at him...

    Yea, in Vancouver....

    The lab has kept the OCN all this time too

    Can't destroy it legaly, but anyone who wants to pay out the 32K bill oweing me is welcome to it ;-)

    d
    Robert Houllahan likes this.
  17. Robert Houllahan

    Message Count:
    117
    We have some OCN at Cinelab which fits this description.... it might accidentally get run through the B&W Reversal machine and accidentally become clear leader... at this point...
  18. Patrick Inhofer

    Message Count:
    39
    Location:
    New Jersey
    Ola, life has become so much more pleasurable for me since I instituted the policy of 10% down for a Firm booking, 40% the day we start working and balance due for release of final deliverables. Pretty much the only clients that get terms with me are large companies... and they usually pay 45-90 days out but I know that going in (although I have one large corporate account that pays in 15 days - I'll do anything for them!)

    Burning TC into approvals is a great way of working with remote clients and enforcing payment for final deliverables.

    Your best bet is probably do what you did calling up the AD of the end client and let him know what's going on... since they paid your deadbeat client already. Of course, you'll be burning bridges but in this case - nothing lost. In the old days I'd let 60 days pass before getting that aggressive—but if your terms on the invoice have passed...
  19. Margus Voll

    Message Count:
    64
    Location:
    Tallinn, Estonia
    i have now some clients that will go 30 days but i know it beforehand and that is fine.

    i do not remember if you had contract with them before job ?

    It somehow screens the baad seeds really nicely when you take out your contract. The ones with tricks in sleeves
    will go away fast and do not cause you stress that you do not need.
  20. James Wicks

    Message Count:
    95
    Location:
    West Palm Beach, Florida
    Ola,
    This is all good advice for future projects, especially the input from Josh and Patrick.
    In my own experience I don't touch a project until there is a firm commitment from the client: 50% down, balance due upon completion.
    Final deliverables are released only when the balance is received.

    Generally speaking as time goes on you'll get good at spotting the potential trouble clients before rather than after you're hired.

    The good news is that you're in good company.
    There's not one Colorist who hasn't got a client story to tell.
    You'll live through it, learn, and grow.

    Best, J

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