Theme and storyboard - who has the intellectual rights?

[PCProject]

It appears Eisha and I might be heading towards a position where a project is potentially going to go into dispute.
We were approached by a record label to produce 80 or so minutes of content and DVD for a 9 track audio mix from the label.
The label manager was advised in advance that he should prepare a storyboard for us to work from. On arrival here in the UK there was no storyboard so we assisted in the production of that and had a lot of input into the theme.
A video based storyboard was produced using copyrighted rips from various sources that was then HEAVILY watermarked to prevent inappropriate use by the label.
I obviously have the storyboard project files on my hdd and all the renders will be time and date stamped.
Should the project go in the direction I think it might be heading due to a series of proposed major and unagreed changes in the storyboard subsequently heavily affecting 6-7 months worth of content creation, getting the video to fit with the audio and how the storyline/timeline flows then we may very well make a decision to withdraw from the project due to the changes in the previously agreed nature of the content
In other peoples opinions where would we stand with telling the label that without our consent the DVD cant use the theme and compositional ideas we put together?
Yes I know at this point a written rather than verbal contract would have been better BUT I thought I was dealing with a mate. More fool me? Yes!

[SteveG]

I don't think you've got a leg to stand on unfortunately Dave. Publish all you've done so far all over the net....kinda blows their possible theft of ideas out the water. Quickly knock out some short DVJ tracks with the story line, content etc etc......then you maybe have something to work with:)

[PCProject]

Dont worry - I had already considered that option. If I dont try to sell it and only do it the live arena I dont see as there is much they could do about it in return except bad mouth me to that community and that wouldnt be anything new from within the genre! Apparently according to the last MSN convo with the label manager he stated he thought I was "boaring". Dont you just hate it when somebody tries to insult and cant even spell the word correctly. I am sure he will find out I am more of a feisty handful than "boaring".
But yes IF it gets that fractious then I can see it making it onto Vimeo and Youtube shortly after.

[SteveG]

Look forward to watching them then....I'll tell you if the idea's as "boaring" :D

[sleepytom]

Boaring??
My what big teeth you have...
http://www.bigtusks.com/a-images/Boar2b.jpg

I'm confused though - have you fallen out with the label or your partner? If its the label then fuck 'em without anything written down they can't do shit with your shit (other than refuse to publish it which doesn't matter)

[PCProject]

Its the label and they dont have any of the content as I havent released it to them yet. Eisha (my partner) makes my tea, you think I am going to fall out with her?
Foolish I may have been but completely stupid I am not!

[john01]

I think your best and least stressful course of action is to invoice them for the time you have spent on the project so far and retire gracefully. I mean retire from the situation, not hang up your dongles and apply for a bus pass.

Ownership of ideas is difficult to pin down, and if you envisaged the work using rips a literally minded legal person might question whose ideas were they anyway.

In the ideal world you start a project with a scope of work, but even then things can go pear shaped over time. This tendency seems to mean projects that stretch over months often have a gravitational pull down to planet mediocrity, so perhaps you are best out of it.

But next time you see the guy in person you can crack that hilarious joke of sticking your knuckles into his love handles, giving them a few twists then asking "Am I boring you"

[subpixel]

Have you been paid along the way?

If you don't hand over the content, I'm guessing they'd have a hard time of recreating (/reassembling it), so if they want it perhaps you can just ask them to pay you out for the work done 'til now and part ways.

Were you initially intending on making a deal for a cut of profits or some othre royalty, or a flat fee?

-spxl

[PCProject]

Yeah I was going to chance it on a profit share + 500 DVD's that I was prepared to pay the production costs on for our own retailing purposes but then the goal posts on that profit share got moved quite early on too. The writing has been on the wall for quite some time!
I think the first moment I got a clue was when he broke down in tears when I was being stubborn over getting a storyboard that didnt keep on repeating the same old shite due to a lack of ideas from his side.
If I were to go along with his new ideas then for sure I wouldnt want the 500 DVD's as I would have no way of shifting the pile of shit unless I used them to scare birds off the garden with.

[subpixel]

If I were to go along with his new ideas then for sure I wouldnt want the 500 DVD's as I would have no way of shifting the pile of shit unless I used them to scare birds off the garden with.
My nanna uses CDs in her garden; do DVDs and CDs have the same scare factor? You don't want to chance your garden with these things...