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Backyard Theater - Outdoor Movies

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Author Topic: Customer refuses to get movie license, turn it down?  (Read 17515 times)
pistolero56
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« on: October 30, 2013, 10:33:07 am »

I have had a few calls where the customer does not want to get a movie license because they will go over budget, or they simply think its not necessary. I told them it was required and cannot do a showing without it, also offered to help guide them with the licensing. these couple shows have been a no-go.

Do you guys turn these jobs down?
Do you write up a separate contract covering yourself from any fines and do the show?
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The Rusty Trax Theater
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movieman
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« Reply #1 on: October 30, 2013, 10:54:10 am »

I spell it out from our first contact. I also have it in the agreement form. Soooo
far my clients have done the right thing.
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rg
see you at the movies
pistolero56
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« Reply #2 on: October 30, 2013, 11:07:06 am »

I spell it out from our first contact. I also have it in the agreement form. Soooo
far my clients have done the right thing.

I do the same movieman,i let them know when we first speak and its also in my contract, but what would you do if the refused to get the movie license? do you turn down the job?
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The Rusty Trax Theater
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Joe@SSL
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« Reply #3 on: October 30, 2013, 11:17:28 am »

First off the license issue is part of my std. contract and should be part of yours as well.

Second off - I turn them down if they refuse to get one.

I always insist on seeing the Swank agreement so if they decide to play games and lie to me I have the option to cancel the gig right there on the spot which ultimately ends in the forfeiture of the reservation fee as well as the contracted payment (you did get paid in advance didn't you?)  This too is part of the contract.

Now if they want to get pissy you simply call the sheriff / police and let them give the client the bad news.  Doesn't make for a happy client but then again THEY broke the law and not you.  It's tantamount to receiving stolen goods in the laws eye, not something you or your business needs.
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movieman
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« Reply #4 on: October 30, 2013, 03:16:36 pm »

Well, so far I never had the problem (not to say I may in the future). I'm from the old school I trust people. Soooooooo, that said I would turn them down. The dvd/blu-ray comes in a swank case that is handed to me. Yes I do require a non-refundable deposit with balance do the date of the event.
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rg
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pistolero56
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« Reply #5 on: October 30, 2013, 05:17:40 pm »

First off the license issue is part of my std. contract and should be part of yours as well.

Second off - I turn them down if they refuse to get one.

I always insist on seeing the Swank agreement so if they decide to play games and lie to me I have the option to cancel the gig right there on the spot which ultimately ends in the forfeiture of the reservation fee as well as the contracted payment (you did get paid in advance didn't you?)  This too is part of the contract.

Now if they want to get pissy you simply call the sheriff / police and let them give the client the bad news.  Doesn't make for a happy client but then again THEY broke the law and not you.  It's tantamount to receiving stolen goods in the laws eye, not something you or your business needs.
Joe@ssl - This was a customers that called and told me they 'didn't need' a movie license. I explained why they did need one, but she just were not hearing it. I told them i couldn't do the show without it. never heard from her again.

Being new in the business, i try to help everyone out as much as i can, and turning down a gig kinda hurts as i feel i let the customer down. Better to be safe then sorry i guess...

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The Rusty Trax Theater
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rawod
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« Reply #6 on: October 31, 2013, 02:36:40 pm »

We contract for using our equipment (booth, concession, bar) to show the client's content.  As we only do 'private events' at client's homes, we allow them to provide their legit copy (purchased or rental) of movies -- to be shown in their home or their yard.  Only once did we contract, then setup, then found out the client had a "pirated" copy of their main.  We struck our equipment and left as there was NOTHING legal we could (or would) do under the circumstances.
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The party, the people, the movie (and Hot Dogs)
pistolero56
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« Reply #7 on: November 04, 2013, 11:45:57 am »

Quote
Only once did we contract, then setup, then found out the client had a "pirated" copy of their main.  We struck our equipment and left as there was NOTHING legal we could (or would) do under the circumstances.

Rawod, i have the customer provide their movie prior to the event. that way I can test their movie and make sure everything plays correctly.I would of done the same as you did IF they didnt provide me with a legit copy.

 I had a customer who did not want to provide the disc (slideshow) until the event, she said it was too valuable to her and she wouldn't let it leave her hands.  i was a little nervous the day of the event , lucky for me it was a common file that my player recognized.
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The Rusty Trax Theater
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jterhar
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« Reply #8 on: November 09, 2013, 09:18:20 pm »

I think this question would be best answered by a lawyer, since opinions are like butts...everyone has one, here is mine.  It seems that you could put language in the contract that would indemnify you from liability.  Something like: "Customer is responsible for determining if a license is necessary and obtaining that license."  And something about the customer having received a one-sheet outlining when a license is necessary and how to obtain that license.  I would think that it would be  similar to having to obtain any kind of approval like a permit to have a block party or what some places call a "special events permit" or a "lawful assembly permit" or a "noise permit"?  Would you pack up your gear if you got there and they didn't have one or all of them? 


John
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cecilb
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« Reply #9 on: November 11, 2013, 10:03:20 am »

I think this question would be best answered by a lawyer, since opinions are like butts...everyone has one, here is mine.  It seems that you could put language in the contract that would indemnify you from liability.  Something like: "Customer is responsible for determining if a license is necessary and obtaining that license."  And something about the customer having received a one-sheet outlining when a license is necessary and how to obtain that license.  I would think that it would be  similar to having to obtain any kind of approval like a permit to have a block party or what some places call a "special events permit" or a "lawful assembly permit" or a "noise permit"?  Would you pack up your gear if you got there and they didn't have one or all of them? 


John

Valid point, that said, I'm sure swank etc have that language covered. To tag on to your comment,  you could word it that your contract is for providing equipment to said party only......what they choose to show is their choice and if a licence is required is their responsibility as you stated

I'm sure some out there just rent equipment, and never see site or set up and leave.

My first showing years ago we used rented equipment from a fairly large well known AV company for our baseball organization and licensing was never mentioned.

If I rent you a car and that car was used in a crime am I responsible?



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seating for 1,000........... 12 at a time
STLmovieguy
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« Reply #10 on: November 11, 2013, 03:02:28 pm »

I have asked this question before and never got an answer. Has anyone on this site ever been asked to produce a license for the movie, when doing a job?
Or, even been asked by anyone at the event if this is a licensed movie? This question is for the pros and the BYT folks both. I had done movies for over 5 years and the subject never came up.
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cecilb
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« Reply #11 on: November 11, 2013, 04:28:28 pm »

I have asked this question before and never got an answer. Has anyone on this site ever been asked to produce a license for the movie, when doing a job?
Or, even been asked by anyone at the event if this is a licensed movie? This question is for the pros and the BYT folks both. I had done movies for over 5 years and the subject never came up.

Honestly, For little Timmy's birthday party in the backyard for 50 kids and a BYTer is charging 250-300 for a few hours setup teardown and client provides you with their movie, why is anyone worried about this?

I fully understand a large venue with 22' screen or larger along with audio to match for a business event or town festival, I'd look into getting a license.

IMHO this, for most settings, falls into removing tag from mattress under penalty of law area   
« Last Edit: November 11, 2013, 07:14:02 pm by cecilb » Logged

seating for 1,000........... 12 at a time
pistolero56
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« Reply #12 on: November 12, 2013, 01:53:52 am »

Great points everyone has made. I guess a lawyer would be the only way to find out for sure.

At my job (asphalt paving), if the customer does not want to pull a permit for the work, we simply word it on our contract that we are not to be held responsible for permits, fees. contract gets signed b both parties and we do the job. This has covered us in court also.
That is why I wondered about this.
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The Rusty Trax Theater
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« Reply #13 on: November 12, 2013, 12:57:07 pm »

My contract includes a separate clause they must initial that basically says they are aware that non-home events will require a public performance license and they must purchase one in order to legally show the film. I suppose a few people probably go without, but most of my public events hand me the familiar Swank box so I think they get the message. Remember too that churches can get away with not having a license if they already have a CVLI and they are not advertising/showing the film outside their regular membership.
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Phillip Hullquist
I toured the U.S. showing outdoor movies in 2010 on Carl's 16x9 screen.
Now I own eight commercial rental screens ranging from 9x5 to 30x17!
Bryce
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« Reply #14 on: November 13, 2013, 07:37:06 am »

If the customer wants to take that risk its on them. We provide the information to get the correct license and a signed agreement releasing us from their stupidity. Smiley
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