If the person hasn't delivered acceptable materials the client is under
no obligation to pay a pfennig. The onus of proof that the secretary
(or music engraver) had delivered proper materials as contracted would
lie with them in a court of law in any breach of contract suit.
Worthless work sho
On 14.07.2003 13:02 Uhr, David H. Bailey wrote
> Or do I detect an undercurrent among the replies that people now think
> that delivering finale files are part and parcel of any engraving job
> these days?
>
> I thought we had hashed all this out years ago (maybe things have
> changed) that the e
I would also imagine in today's world that any contract between an
author and a self-employed secretary would include a clause to the
effect that the manuscript would be delivered both in printed form and
on disk or CDrom in such-and-such format.
In other words, it would be spelled out in the c
I didn't think the secretary in the example was an employee of a company
-- in that situation all files would be the property of the company,
including any finale files any similarly employed engraver created in
the course of his/her regular work in the employment of the company.
But we were sp
On 14.07.2003 0:31 Uhr, Richard Huggins wrote
> I would opine that it would be different if the secretary provided her own
> office, bought her own computer and printer, bought her own software --all
> purchase decisions made in the interest of whatever would provide her with
> the most competitiv
I would opine that it would be different if the secretary provided her own
office, bought her own computer and printer, bought her own software --all
purchase decisions made in the interest of whatever would provide her with
the most competitive output-- and otherwise provided for herself everythin
I'm afraid, David, that in the real world any secretary who claimed
such a right would be in the unemployment office the next day. A
secretary is hired to do a job involving a range of services,
probably with a job description that may or may not accurately
reflect his/her actual duties, and l
Well, a secretary hired to provide correctly typed and printed output
can very well claim that the Word files are her property. The files
themselves are merely one aspect of the process, and if she isn't hired
to provide the steps of her process, then they remain outside the realm
of the contr
In a message dated 12/07/2003 22:58:19 GMT Daylight Time, [EMAIL PROTECTED] writes:
The main part was that the engraver didn't really fullfill his part of the
agreement, but still wanted to be paid
Sorry, I misunderstood this - I thought that the engraver had done his stuff and that the composer
On Saturday, July 12, 2003, at 06:32 PM, Christopher BJ Smith wrote:
I tried providing a default file to subcontractors once, and it did
not turn out very well, since none of my metatool assignments, chord
suffixes, font choices, etc., were the same, and it actually slowed
them down, especiall
At 11:51 PM +0200 7/12/03, Johannes Gebauer wrote:
My main question was mostly how restrictive others feel about giving away
Finale files. Are you mostly concerned about letting others have your
settings - in which case copying the music into a new empty document would
solve most of that worry. Or
At 11:51 PM +0200 7/12/03, Johannes Gebauer wrote:
On 12.07.2003 19:45 Uhr, Christopher BJ Smith wrote
Yes. The composer already has the MUSIC; what he is asking for is the
Finale date, which is work that the engraver has done, kind of like
asking a typist for the proofs. He can't have the file
On 12.07.2003 20:05 Uhr, Cecil Rigby wrote
> I'd start from scratch and have nothing to do with the previous
> engraver at all! The composer's/previous engravers' dilemma shouldn't
> affect what you should be paid, unless its more work.
Well, there is rather a big difference: If I start from
On 12.07.2003 20:05 Uhr, Cecil Rigby wrote
> Tough cookies, I say. The composer doesn't have usuable material, and
> the engraver hasn't done what was agreed to. If I were the composer I'd
> say, you did x% of the job, so here's x% of the contract price and then
> find someone else. (I'd do it
Thanks to all who commented.
I think there was a slight misunderstanding in that people thought this was
about copyright laws (caused by my misleading title) which it wasn't.
The main part was that the engraver didn't really fullfill his part of the
agreement, but still wanted to be paid. To sett
On 12.07.2003 23:42 Uhr, John Howell wrote
> Well of course the only thing to do is to start from scratch, and
> with a carefully drawn contract that specifies a large deposit as
> well! The composer in question seems bent on achieving a very
> negative reputation, as does the original engraver.
On 12.07.2003 19:45 Uhr, Christopher BJ Smith wrote
> Yes. The composer already has the MUSIC; what he is asking for is the
> Finale date, which is work that the engraver has done, kind of like
> asking a typist for the proofs. He can't have the file unless he pays
> for it.
Well, a secretary ask
Johannes Gebauer wrote:
This is a question which may be one of opinion more than of law, but I am
still curious as to what other people think:
When I do a contracted job where I engrave something for a publisher, how
much do I own of it? I think most would probably agree that if I engrave
with my
Johannes Gebauer wrote:
> When I do a contracted job where I engrave something for a publisher, how
> much do I own of it? I think most would probably agree that if I engrave
> with my own settings, those settings are in fact my property, and the
> publisher cannot make me give them away unless t
A work for hire is a work for hire -- the terms of the contract would
stipulate what the engraver was legally obligated to provide.
If the contract does not call for the finale files to be provided, then
the engraver is under no obligation to provide them. However, I am sure
the contract calls
My two cents' worth
> When I do a contracted job where I engrave something for a publisher, how
> much do I own of it?
Isn't that what's called a "work for hire"? You own nothing.
> I think most would probably agree that if I engrave
> with my own settings, those settings are in
At 6:07 PM +0200 7/12/03, Johannes Gebauer wrote:
This is a question which may be one of opinion more than of law, but I am
still curious as to what other people think:
When I do a contracted job where I engrave something for a publisher, how
much do I own of it? I think most would probably agree t
On 12.07.2003 18:33 Uhr, [EMAIL PROTECTED] wrote
> If it were me I would cut my losses, give him his mansucript back and have
> nothing more to do with him.
Not sure what you mean. For me it's just another job, and I don't care what
kind of arguement the two of them have between them.
You mean i
If it were me I would cut my losses, give him his mansucript back and have nothing more to do with him.
All the best,
Lawrence
http://lawrenceyates.co.uk
> From: Johannes Gebauer <[EMAIL PROTECTED]>
> [...]
>...I offer the
> engraver to just take stripped files without any special settings (makes no
> difference anyway). Engraver is now thinking about it. He even got more
> money offered for preparing this stripped file. Engraver and Composer only
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