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Not Paid, and my work is on their site


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4 replies to this topic

#1 Kyle Fasanella

Kyle Fasanella

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Posted 04 April 2010 - 08:17 PM

Hey guys,

I worked for a company called dogmatic (www.dogmatic.com) and shot the Saks 5th Ave opening of a new floor.

I was never paid for the work and had to buy a plane ticket to do it....


I shot the steadicam and hand held b-roll halfway down at
http://www.dogmatic....sdesignerfloor/

I have tried emailing and calling everyone at dogmatic with no luck.

what can I do besides send a cease and desist to the websever?

http://www.mediatemple.net/
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#2 Lawrence Karman

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Posted 04 April 2010 - 09:35 PM

Hey guys,

I worked for a company called dogmatic (www.dogmatic.com) and shot the Saks 5th Ave opening of a new floor.

I was never paid for the work and had to buy a plane ticket to do it....


I shot the steadicam and hand held b-roll halfway down at
http://www.dogmatic....sdesignerfloor/

I have tried emailing and calling everyone at dogmatic with no luck.

what can I do besides send a cease and desist to the websever?

http://www.mediatemple.net/



Nothing says "I want my money and I want it now" better than a personal, drop in office visit. Walk in and demand what you are owed. If you can't make it there then you could try filing with the labor board. In California a company is legally obligated to pay you within a week if you have turned in a time card and are not operating as an independent contractor. If they are late they could be liable for 3 times your rate for every day they are late. And they will enforce it. Small claims court is another option. Call the ad agency and harass them. Call Saks 5th Ave corporate offices and see if you can get someone there to help. The squeaky wheel gets the grease; be as annoying as you can.
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#3 Alfeo Dixon SOC

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Posted 04 April 2010 - 09:40 PM

you would have better luck if you knew if Saks was using the footage anywhere... just send them the bill for the footage.

You could also send the a notice like I had to do to the client of the producer that refused to pay me. read here. even if they are not using the footage, they don't want to possibility of errors or omission (I think that is correct) coming back to them. So Saks will contact the people you worked for and ask what's the deal and you may get restitution because it's on the clients radar now. Best of luck.

-Alfeo
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#4 Mark Schlicher

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Posted 04 April 2010 - 09:51 PM

So, did they just "disappear" or did they claim some excuse for not paying?

In any case, the copyright remains with you on a freelance "work-for-hire" job until they pay you.

Therefore they have no right to put it on their site until you are paid. A letter to that effect, registered mail, would be in order.

Good luck!
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#5 Robert Starling SOC

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Posted 05 April 2010 - 01:49 AM

Did you have a signed Deal Memo for the job outlining rates, terms of payment and reimbursement of travel expenses?

Send a Certified Letter demanding payment within X days, attach with it a Small Claim Court Complaint filled out with their name on it and the details (likely available online from Orange County / Orlando courts). Explain you don't wish to be difficult or litigious but if you are not paid in full within X days you will file the attached suit against them. Send a courtesy copy as well to the original client. I have a very straight forward collection letter if you would like a copy to base yours off of. PM or email me.

Whether you have a SIGNED Deal Memo or not either weakens or strengthens your case. If you don't have one all is not lost but shame on you if you didn't.

Robert
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