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ADIDAS NETHERLANDS ADVERTISING CAMPAIGN NEGOTIATIONS / bargaining / haggling

Dear Geogodley,

We would like to inform you about your uploaded footage on youtube.
LINK: http://www.youtube.com/watch?v=dcwPS-ERawA

A small 5 second part of your uploaded footage will be used in a digital adidas campaign, for adidas International Marketing BV, Amsterdam. This digital campaign will run from September 2011 until March 2012 on adidas.com/ucltickets and links to social media. We have tried to contact you without getting a response. In case you are the original owner of the used 5 seconds of footage and/or you think you have specific rights to this 5 second clip, please contact: adidas@tbwa.nl
If you are NOT the owner of the footage or the person in the clip, please excuse us for contacting you. You can consider this mail as not sent and delete it.

Kind regards, TBWA\BEC Research Team

Dear TBWA/bec team, i did NOT give you my permission to use my ©opyrighted videos in your advertising campaign. You did NOT offer adequate compensation or credit and no deal was made. Please DO NOT ILLEGALLY USE MY MATERIAL or there will be legal reprecussions & media reports on your illegal activity. Either offer me proper compensation & credit which i will consider but don’t guarantee accepting or DO NOT BREAK THE DMCA LAW. copies of this email will be sent to my attorneys. sincerely geogodley.

[this is the compensation multibillion dollar corporation adidas offered! can you believe it?!?!? The company revenue for 2009 was listed at 10.38 billion and the 2008 figure at €10.80 billion.- wikipedia]

COMPENSATION: If you agree on terms and conditions and we finally select your footage to be part of the librabry, we can offer one official Adidas product [!?!?!?] for the use of +/-5 seconds of your footage. You can choose this adidas product from the ADIDAS_ PRODUCT_LIST which is attached to this mail. For this we need your permission stated and signed on an ADIDAS_RIGHTS_RELEASE_FORM. We will provide this ADIDAS_RIGHTS_RELEASE_FORM together with the ADIDAS_PRODUCT_PICK document a.s.a.p. when you want to participate.

[Sorry folks, ain’t gonna cheat me on this one.. no more corporate screwing the lil’ guy]

Thank you for your respons. We would not want to use your clip illegally. Becease we did not get a respons on sent emails we started the legal procedure. Of course we want do offer you a compensation that suits.

Instead of a product we can offer you a financial compensation. Please read below.

For the use of ± 5 seconds of your footage we can offer you €250,- (euro’s)

Please let us know what you think.
You will need to agree on term and conditions as stated on a ADIDAS RIGHTS RELEASE FORM. (find attached)

We hope to hear from you soon.

Kind regards,

Erika & Vivienne

Dear Erika & Vivienne, Adidas is a multibillion euro company, to use my © video in an advertising campaign they should pay me at least 10,000 euros. That’s way below normal. Thank you anyway, sincerely geogodley

Ok, thank you for the reply. We respect your point of view. In fact we are just sorry as we think your video would really suit this project.

Just to let you know. I hope we could make clear to you what we are asking. The 10k compensation you are reffering to is not based on realistic fees. I actually can tell based on experience in  non-commercial and commercial productions.

Yes it is an Adidas project, but the offer we made to you is more in line with what the commercial use of 3 to 5 seconds of amature or pre-shot (stock)footage on the internet for a period of 1 year would cost. This is not a heavy Adidas TV campaign which we talk about. Its an online ticket promotion of a rather creative online platform.

Are you a professional? The shot we’d like to use is of such quality actually.
If you would be interested, we are willing to go back to our financial backoffice to see if we could work out a more workable fee for you.
And what about a non-exclusive license so you can keep all the rights to yourself, but just approve that adidas uses it to for this purpose.

When you really don’t want anything to do with this all, you will have my word: we won’t bather you again.
Have a good night

All the best
Erika V.

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