Cinematography : They Got the Footage, I Got Ghosted: Your Move, Cinematographers by Morgan Aitken

Write them a proper letter mentioning the job: what you did and compensation, and the rate. Then give them 10 business days to pay. After that send them a reminder their payment is over due. After that small claims court for your pay and all court fees.

Lot of work, Lindbergh E Hollingsworth , and a lot of stress to go the legal route. I'm pretty much left stranded amongst the goats in the rainy hills of Montenegro, and penniless (actually, I wish that were true, in reality I'm around 50 grand in debt. Penniless would be lovely, come to think of it). I was kinda running on the bluster of a so-called producer in LA, promising "we're all gonna be rich!" -- so, I gotta chalk that one up to major stupidity on my part. And there were warning signs, but I was too far into blood to turn back; to quote some Shakespearian character or other. If I come through this, and I probably will, it's going to be one heck of a brill learning experience!

It would be interesting to know how others would handle something like this: get tangled up in a battle with someone who thrives on screwing suckers, and is obviously good at it. Or just say, 'ah fuck it! Toss a cam and sleeping bag in your rucksack and hit the trails for some gorgeous footage.

I hope it works out for you, Morgan Aitken!

Did you have a contract in place with a rate? Attorneys are not cheap, and depending on what you are owed it may be pointless.

My company works on a 50/50 payment system. 50% up front to cover expenses and 50% upon delivery (usually within 30 days). We also have the client sign the estimate, which includes language covering those terms. If they can't work within those terms, we don't do the work UNLESS we already have a working relationship with them. There are exceptions to every rule, but only when you first follow the rule.

The contract was kind of pathetic. The scammer pulled the same trick Jimmy McGill ran in 'Better Call Saul' changed/faked/obfuscated the company address, then breached his own contract by taking on wannabes under the same work for free and you'll get rich line... crikey, some of them are nice people and it breaks my heart, but the so called production was going nowhere, and when the scammer did produce something it was embarrassingly bad. I feel guilty for even having had anything to do with these others getting screwed. One of em even moved to LA for this scam. Crikey, that's hard to live with. I had a lawyer (a real one, not a fake) look at the contract and he told me to walk away, but I was thousands of dollars, hundreds of miles, and several weeks into it, and doing all the work, and I was just too chicken to pull the facade down, cuz of the others. Finally, my own personal lines of credit maxed, and I had to say 'enough' - I gotta eat, I'm stuck in a foreign country that has real winter, (not the sunny Caribbean anymore), and this scam was inevitably going to end badly. So I puffed up my tail feathers, made like a chicken, and ran. The money I've lost sucks, but what hurts the most is thinking of the others he suckered in, and made believe, everything counted on me, providing footage, financing, publicity, music... craft services...

So, aye; this was my bad. But I guess I'm looking for that Stage 32 shoulder to cry on, that reminds me, it's all about the art, the story, and the people. And life is measured in heartbeats, not in dollars.

Remind me, I could let this eat me up and go to court against someone who thrives on this kind of conflict, while it turns my stomach; or I could just lace up my boots, pick up my camera, and do what I love.

I run two small businesses and every year someone stiffs me. Part of running a business. But for bigger jobs, I always make people sign an agreement that I put together. You can't control how everyone runs a business. Sorry it happened to you!!

Sorry to hear that, Morgan. No doubt most of us have had a few of those experiences. Some people who've been in the biz for decades still have that happen now and then. Michael has a very good point. If it's not someone you know is reliable, get -- 1) partial payment to start (1/3, 1/2); 2) a Deal Memo or MOU, a standard 1-pager is easy to do and is still a legal contract; 3) get full payment of the balance BEFORE you deliver the goods. // And keep in mind, it's not just the fringe people/companies that can screw you over; even the big guys do it, too. See more at rights and residuals scandals and lawsuits at the major studios. Some people even wryly claim dark 'bragging rights' about the size of those who have screwed them over. We have a couple of really big ones in our "Ouch File". // Good luck to you all!!!

Totally agree, Stephen. Hope that doesn't happen to you again. Good luck out there.

Reading through these replies feels like group therapy for people who’ve been emotionally abused by “we’ll sort you out on the backend.” I’m oddly comforted and mildly enraged.

Here’s my current nightmare scenario: they take the footage I bled for, cut it into something so catastrophically awful my only option is to change my name, torch my reel and move to a village where no one has heard of 4K. I’m less worried about the lost money at this point and more terrified of being visually associated with whatever Franken-project they’re cooking up. Is there any way to keep that nightmare from becoming reality?

So here’s my question for the hive mind: how do you protect yourself before you roll, so that if a client ghosts you, they can’t legally use your material at all? Clear contracts? Magic wording about usage rights? Some “no pay, no play, no publish” clause? I’m talking practical, real-world stuff that actually holds up when the creep vanishes into the mist with your footage and their promises.

What language are you putting in your deal memos so they can’t slap your hard work onto some unwatchable monstrosity and still sleep at night?

That's horrible, but it happens. I'm sorry to hear that you're having problems with a client like that. Here in Slovenia it's probably a little different. But I issue the invoice regardless, it also has a notice that if I have to legally get the money from them, that there are additional fees. Then we have an online system where you just file with the court, give the invoice and anything else you want to, like a memo with screenshot, pictures from set or other people who were working. Then about 14 days later the amount turns up in your bank account if they don't contest the process, which they never do because they have no case and would just drive up the legal fees for them. And case closed, next time if they want to work together again, sure no problem. Either 100% of advance payment or 50% before we start the work and the next 50% before they receive the final whatever.

Contracts, contracts, contracts! But also, getting stiffed, as Stephen said, is a part of business. At the moment, if I understand correctly, you don't have anything in writing. If that's the case, you really don't have many legal options. That said, if you do have a paper trail, then you may have something. Honestly, it probably wouldn't go far, and even if a court rules in your favor, the other company could, and probably will, delay payment.

It's an awful situation, and I am so sorry you're having to deal with it. This is the garbage side of any endeavor, creative or not. This might be one of those "chalk it up as a learning experience" situations that you adapt for on future projects.

In our contracts, we have a clause that states no final product is delivered until payment is made in full. So until we have a full payment remittance, the client gets heavily watermarked products. We also require a 50% deposit, and we have clear clauses that cover both the client and us if someone breaches the contract.

Is it perfect? No. I'm sure our processes and contracts need updating to cover new situations, but it has mitigated a LOT of this behavior. We also heavily vet clients we work with to make sure they align with our studio's vision, mission, and values.