[This response was originally in reply to a posting by gwhitf, who subsequently deleted his posting after receiving new information. I've edited out the content directed at him as it has served its purpose.]
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In the case in question, I took a calculated risk. There are a lot of people, good subjects, given the number of talented artists who work in Greenwich Village, who like it when I will do things for $200 or so. In my view, this is appealing to my generosity and I measure out my commitments according to how deserving the subject is and whether they have the wherewithal to put what I give them to good use. I always give them what they actually need, and sometimes a lot more. But it is elective, and they have to deserve it, and I retain the right to exercise my discretion where possible. And when I say this, I don't mean that I will slack on the images, but will reduce effort on the production (shoot natural light versus scout location, set up, and light with strobes) or post.
In this case, I did not press for a discussion. But this is partly because I'm not interested in giving up any of the rights conferred under the law, and I'm not interested in gaining new obligations. If they, or any of these people looking for arts support don't pay me for some reason, I can walk away. In my experience, they all choose to pay. And I don't regret helping these people.
On anything bigger than this, I have a rep who is very experienced with contracts on all sides.
The reason I posted here was not out of distress, but out of a need to make a moral decision--not a business/professional decision, but a moral one about how much generosity on my part was merited here. In order to make that decision, I wanted to know (i) the law on post-facto WFH agreements and their legality, (ii) the truth about the conditions attached to the film company's funding, and whether they were telling me honestly if not truthfully, and (iii) the expectations of others working on similar projects, mainly in the indie sector, which appear to be divided.
By the way, all my communications with the film company have been short and polite. I'm more open here because I want good information. There is no possibility of any legal action by either party whatsoever. But the legality of post-facto WFH agreements figures into the process.
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