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Old Mar 29, 2014, 11:48 pm
  #1  
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Filming Fee at A Property/Issue with Employee

Recently at a Hyatt property in the Southern California area, a client of mine visited the restaurant of this property for lunch and to conduct a sit down interview. Subsequently, after the lunch, the client wanted to enjoy the warm weather and went to the pool area. Once there, they started to film a few bits to accompany this interview. About 3/4 of the way into this brief interview, an employee of the hotel said you had to sign a release and pay a "filming/location fee" to do that. The employee allowed the interview to be finished and said a supervisor would be in contact regarding this "filming/location fee". Note that nothing was signed at the conclusion of this event.

Several days later, the supervisor said the fee would be $1000 or we could not use the footage. As this brief video piece was only to go online only, I felt this was an extremely high amount to ask for. When I said I would not pay that fee for literally a few minutes of filming on a personal video device, the Hyatt supervisor proposed to "bargain" the fee away in exchange for a certain list of demands related mostly to the branding/usage of our video and how the Hyatt property would be reflected when this video would be posted online.

That approach is well within the rights of the property and this employee, in exchange of not getting their requested fee.

BUT what has lead me to write this post is that one of the "demands" from this Hyatt employee was to have my client record a PSA (public service announcement) related to what I perceive to be a highly personal and perhaps inappropriate topic/cause.

I feel that Hyatt corporate would not appreciate the attempt of the employee to perhaps mix his personal politics/issues/causes into this business situation.

It almost felt like I was being held hostage, for lack of a better word.
Pay the fee or you must do this for me instead basically. I ultimately decided to just scrap the footage and not use it. I wasn't comfortable agreeing to the demands and I chose not to pay the high fee (in my opinion).

As a longtime Hyatt Diamond, who loves staying at Hyatt properties, this has really bothered me over the last few weeks so I decided to write about it tonight.

Does this sound like something that I should just "let go" or rather something I should truly bring up with Hyatt corporate (or the property's GM)?

Thanks everyone!
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Old Mar 30, 2014, 1:08 am
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Originally Posted by musikdude
That approach is well within the rights of the property and this employee, in exchange of not getting their requested fee.

BUT what has lead me to write this post is that one of the "demands" from this Hyatt employee was to have my client record a PSA (public service announcement) related to what I perceive to be a highly personal and perhaps inappropriate topic/cause.
What topic? Is it more controversial than flags for orphans?

Originally Posted by musikdude
It almost felt like I was being held hostage, for lack of a better word. Pay the fee or you must do this for me instead basically.
Would you have preferred the hotel did not permit you to conduct the interview at all? Since you had the option to the pay the fee, I wouldn't consider this hostage taking.
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Old Mar 30, 2014, 2:47 am
  #3  
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I don't think anyone here can give you any sort of advice unless we know what the " highly personal and perhaps inappropriate topic/cause" ... This could cover a broad spectrum of things. Was your client well-known so to speak?


Having lived in LA for 4 or so years, I can assure you that $1,000 sounds par for the course. Filming Fees in LA can be INSANE. My University could recoup all its student activity fees from letting films/tv/commericals shoot on campus.


Anyways filming fee aside, I do think its a bit odd that he made personal requests to reduce it, but without us knowing what they were, not sure I can help.
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Old Mar 30, 2014, 3:19 am
  #4  
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Have you done this kind of work before and were you charged for a filming fee? I would definitely talk with the GM and cc: to Corporate. I agree with you that this sounds a bit "off." Asking never hurts. At least knowing what the current rules are will enable you to make an informed decision going forward as to whether you want to use the place for interviews or not. As far as the PSA I say "kudos" to the guy stepping up and asking you. He/she may be trying to do some good work and doesn't have any funds - sounds like he was tying to be creative to get the PSA done.
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Old Mar 30, 2014, 10:34 am
  #5  
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(1) Private property of the hotel owner. They can charge a filming fee if they want IMO.
(2) They offered an alternative to the fee. Regardless of what's in it, no one's required to perform the alternative.
(3) No one is required to pay the fee, either -- it's just a condition of using the film shot on another person's property without permission.
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Old Mar 30, 2014, 11:50 am
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I'm confused. Friends of mine take lots of video on Hyatt's properties and post them on line. How was this different? Is it just that this Hyatt is in Southern California? Sounds like maybe it was a professional shoot with a crew even those it was a personal recording device?
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Old Mar 30, 2014, 12:50 pm
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You asked for opinions. In a give-and-take discussion, each party threw out proposals which were not accepted by the other party. It happens all the time.

For example, the hotel suggested a $1000 fee. That suggestion was nixed. So the hotel made other suggestions which were also nixed. Nobody forced anyone to accept hostile terms; it was strictly negotiation. Negotiation doesn't always end up with a satisfactory deal.

Let's agree you were miffed, but let's also agree that the affront occurred rather quickly and unintentionally. My sincere hope is that the parties can just "get over it" with equal speed. You had some differences; you tried to iron them out; it didn't work ... so move on. IMO.
Originally Posted by musikdude
Several days later, the supervisor said the fee would be $1000 or we could not use the footage. As this brief video piece was only to go online only, I felt this was an extremely high amount to ask for. When I said I would not pay that fee for literally a few minutes of filming on a personal video device, the Hyatt supervisor proposed to "bargain" the fee away in exchange for a certain list of demands related mostly to the branding/usage of our video and how the Hyatt property would be reflected when this video would be posted online.

That approach is well within the rights of the property and this employee, in exchange of not getting their requested fee.

BUT what has lead me to write this post is that one of the "demands" from this Hyatt employee was to have my client record a PSA (public service announcement) related to what I perceive to be a highly personal and perhaps inappropriate topic/cause.
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Old Mar 30, 2014, 6:19 pm
  #8  
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Filming Fee at A Property/Issue with Employee

Thanks for all the opinions- very helpful!!
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Old Mar 30, 2014, 7:27 pm
  #9  
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If $1,000 is too much and the non-cash consideration is unacceptable, simply do not use the footage and the issue is over and done with.

Your client either knew or should have known better and should have had this worked out in advance.
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Old Mar 30, 2014, 9:42 pm
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Pools are generally for hotel guests only. Not for people to swing by, hang out, and start filming.

I think you broke a few rules, and this whole "I can't talk about the personal topic" is highly suspicious. I seriously doubt the employee asked you to do a PSA on something inappropriate, particularly since it's obvious he went back and checked with management on the filming fee.
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Old Mar 30, 2014, 10:53 pm
  #11  
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Who thinks filming a commercial interview on someone else's property, without permission, or negotiation for the right to do so after filming is ok? Not trying to be a smart aleck but if this is a professional arrangement, wouldn't that be just one of many items of due diligence?

Seems to me it's that negotiating after the fact has its disadvantages.
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Old Mar 31, 2014, 11:11 am
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I'd let corporate PR know about the PSA. If this is part of corporate policy, then the employee will have kudos for enforcing it. If the employee is trading corporate assets to advance his or her own personal cause, then the employee should be happy to convince his or her supervisor that's a good idea.
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Old Mar 31, 2014, 11:23 am
  #13  
 
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agree that corporate should be in the loop - there is enough $ involved in the original request - so, make sure the stakeholders are involved if you want something.

Also clarify if this is reporting/editorial use/interview, or for promotional/commercial use

I appreciate that many business ventures are on a shoestring budget - but, also be aware of the policies of the properties.

E.g. a lot of locations that host wedding parties simply have a policy that the property will waive any location fees regarding video/photography as long as the individuals are paying for rooms at the time of use.

So, a $300 room could get you the location rights waiver
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Old Apr 1, 2014, 9:35 am
  #14  
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If a hotel guest is in an area where they are entitled to be and are not disturbing other guests, it's hard to imagine being charged a fee to tape unless professional equipment is involved or it's for commercial purposes. One sees brief news interviews from hotels all the time and I suspect that rather than charge a fee, the hotel is happy with the publicity. So an iPhone video taken during lunch seems OK if other guests and employees aren't identifiable and being taped without their permission. However, AFAIK buying lunch doesn't give one the right to lounge around the pool afterward. I'll defer to anyone familiar with Hollywood customs on this.
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Old Apr 1, 2014, 10:24 am
  #15  
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Hello Musikdude,

We are happy to look into this situation for you. Please PM us the details, and we will investigate accordingly.

Thanks,

Dana M.
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