Getting The Shaft on a Payment

Hello,

I recently took a last-minute job as an editor on a show for ESPN2. We had less than a week to edit the show, and ended up spending about 95 hours in 5 days getting it completed for air.

The client was happy, it made air and the ratings were higher than they were hoping for.

Since then, the client has gone completely dark on communication. No text, email, phone call responses. Upon investigating I've learned that the on-site production crew hasn't been paid, the tech manager hasn't been paid, the motion graphics artist and myself... all haven't been paid.

In 16 years of working production, and 5 years being a solo freelance editor, I have yet to deal with this situation. I learned today that the previous production company pulled out from working on this show due to lack of payment on the two shows prior (although I was told differently).

So, the question becomes... now what? This was an ESPN production, not a buy in. I'm going to try and reach out to someone at ESPN tomorrow, but ultimately it appears as though we'll all have an uphill battle to get paid.

Anyone have any experience with this kind of thing? Maybe some advice?

Thanks in advance for your help.

-Chris

cwilliams@entity-media.com
[www.entity-media.com]

Well, i can't advise you too much, since i am not a legal consultant, but the definition "works for hire" also means that you need to be hired, and to be hired, you need to be paid (at least a dollar). If you aren't paid, you aren't hired, and ESPN has no rights to broadcast the show. So if push comes to shove, get a good lawyer.



www.strypesinpost.com

Add another "production company" to the list

[hollywoodcrewblacklist.blogspot.com]


Is this a company that is an independent contractor to ESPN?

I've had success this year with this general demand letter provided by the CA Courts.

http://www.courts.ca.gov/11145.htm

Good luck.

Thanks Chad

Advising after the fact is moot. I would have gotten a signed agreement with a 50 / 25 / 25 payment scheme as ESPN probably has bigger lawyers than you do. Is this a sub-contract or straight from ESPN Studios?

You will need a lawyer...and please spread the word (word of mouth - be careful not to libel yourself) about who hired you so it won't happen to others.

When life gives you dilemmas...make dilemmanade.

Normally I work on 50/50 agreements. I took the job 2 days before we started editing, and only had 5 days to turn it around so I didn't really get into it. I do have a one-page memo deal sent via email, with a response from him agreeing to the terms. I've since been in touch with the previous production company that he burned. They managed to get payment, but only because he paid them before the show I worked on. They pulled out two days before the event. I've also got an email response from him after I sent the invoice, confirming receipt.

The guy who's shafting me is apparently the owner/manager of the race series. I'm trying to find out more information on where the actual money for these shows come from. This was a sub-contract, not direct from ESPN studios. The show, however, is an ESPN production and not a buy-in.

I've also found out the entire ENG Crew (5 Camera Ops, a DP, and a tech manger) and the motion graphics artist haven't been paid. Best guess, including my fees, we're probably talking 50-60k.

Bottom line, legal action will need to be taken. Was just wondering if anyone else has been in a similar situation and had advice.

For future reference, don't take any work from Chip Pankow and Global Rallycross Championship from West Hollywood, CA.

I would contact ESPN and let them know what's going on with Chip Pankow. While they may not accept responsibility for his actions they certainly don't want to deal with anyone who operates that way. ESPN has become a really big organization with a bunch of "affiliated" companys such as ESPNRT. If they don't make it good they should know what's going on.

Quote

I do have a one-page memo deal sent via email, with a response from him agreeing to the terms.

That email doc is is time / date stamped and legal proof - should be enough to go after him with a lawyer. I would think a letter on lawyer letterhead mentioning that email agreement between you is enough to scare the a-hole into ponying up what he owes to avoid court.

The only thing worse than a Deadbeat Producer is a Deadbeat Dad. Dirtbag.

When life gives you dilemmas...make dilemmanade.

Thanks for all the help, everyone. It's been a learning experience (unfortunately), but there is some light at the end of the tunnel. We've gotten ahold of his investors, as well as some of the sponsors. His coordinating producers at ESPN are next on the list.

Thanks again.

-Chris

Hi Chris - just ran across this. Did you ever get any resolution?

I second Joe.

Also, make sure you have a material use clause in your agreement within the terms and conditions. Something that says that they do not OWN the production until FULL payment is made.

I normally send the invoice via email and confirm via email that they agree to the execution of the contract. Then i ask if i can drop by to get a signed copy or if they could mail a sign copy to me.

Above the signature I have this:
I have read UCM's Terms and Conditions and by signing this contract I agree to these terms and request that this project be executed.

This way If they have not paid you when they air you can sue them for what they made. Cause they didn't pay you so they didn't have the rights of usage.


sue them based on the email and get extra money for your trouble. Total it out at about 120k so that when you get the ruling from the judge you can sell the settlement to one of those settlement lawyer who will give you 40 - 60% of the settlement amount. Ala your 60k.

""" What you do with what you have, is more important than what you could do, with what you don't have."

> > > Knowledge + Action = Wisdom - J. Corbett 1992 """"