Thread: Do I have anything here? Help please.

This is part rant and part request for advice. I'm a full time teacher and performer. Since I can't afford my own studio, I rely on teaching at other studios/centers/gyms for either a rental fee or a split.

I taught at a gym this past summer where they expected a lot of out me with the least return in comparison from my other locations. From reading Bhuz I realized the importance of a contract since they jerked me around quite a bit. They did nothing to promote the class and I had to come in for three weeks and sit at a table for a few hours every night to promote it. I didn't have a contract at this point yet.

While I was maning my table, a manager asked if I'd like to do some belly dancing because the local news was going to tape the facility for a short story on the local channel. I said "of course I'd like that." So, the manager went around and gatherd a few patrons and I gave them a mini-lesson and it was taped. No sounds, just the visual of us dancing. I thought that was cool that they were actually helping me promote it finally.

Just before the class started I still didn't have a contract and I told them I wouldn't teach unless I had one. They said it needed to be aproved by the Board of Directors (very large and NICE facility owned by many doctors).

Turns out, there is someone who is leasing space on a semi-permanent basis at their facility (she's installing her own studio there) and she didn't like that I was there. She teaches many kinds of dance- tap, ballet, ballroom, etc, but no belly dancing. I found out her husband is on the Board as well and they denied me to teach there and only let me for the 6-week session I had coming up because I had spent HOURS there promoting it and signed people up. Her studio was still being installed as well, so I wasn't teaching at the same time as she was.

Well, that totally sucks for me, but I understand business if she has a no-compete clause in her conract (which she does), but I still don't think I'm competing with her, but that's not my point here.

I finished my 6-week session there after many fiascos regarding my pay, the date being moved at the last minute, three time changes and a room change, etc. I didn't mind TOO much that I wouldn't be teaching there anymore.

So, I had been checking the local news station website since they filmed months ago and nothing. Oh well, I figured I must have missed it somewhere because I teach a lot. Then, on my last day of another class for the summer, a student of mine said she saw a COMMERCIAL on tv for this gym with ME belly dancing on it. That same day, I saw an advertisement in a local magazine that this lady who doesn't want me there now all-of-a-sudden offers belly dance classes! ....

...I completely understand competition and everything, but I wouldn't be as insulted if she was a real bellydancer. I also know I'm assuming she hasn't taken formal instruction on it or else she would have offered it before since nobody else in our area does and she would have had the market to herself (I just moved to the area earlier this year)

The thing I have a problem with is that it's ME dancing on their commercial that I didn't know about promoting HER classes! I'm upset about this because they really have poor business ethics about all this and I'm upset. Maybe I'm over reacting about it, but I'm insulted and mad that I put in so much effort there for someone else to profit from now. I was told today when I went in that she only teaches it now because I was teaching it this summer (and of course women there want to take belly dancing, who wouldn't?)

Is there anything I can do as far as the commercial goes? It's already airing. It shows me for only a seond or two until it pans to the students. I feel they lied to me about why I was being filmed and then later I find out the truth and also that I wouldn't be teaching there anymore. Can I have them pull it or have them compensate me somehow? I also never signed anything giving permission. I gave verbal consent for something other than they told me.

After I raised a stink about this when I went in for my paycheck today, they said they'd love to have me teach again because my students enjoyed it. They said they just couldn't call it DANCE. I offered Middle Eastern Movement, but I'd have to re-structure everything and I could still get kicked out because of that other lady. She's not stupid.

I know that some of you have it worse out there- that weird idea of Jodette's and Safiya with the $5 a month classes from some undercutter, but I feel so wronged. Any advice?

Offering sympathy, this sucks. I don't know if you can do very much about the commercial, at least let them know you are very unhappy about it. Maybe they will learn from it, maybe not.

Based on everything you described, I don't think you would really want to continue there, would you? My instinct would be to move on, find some other happier place to teach, and get a contract up front next time. You don't deserve this sh**!

Walk away. The facility sound like one big headache. When people ask you about it say "Yes, I helped them with their commercial. They wanted a professional dancer to represent the the classes there. I did quick mini-session to help get things going but the gym scene really isn't for me." Or something nice, professional, and slightly dismissive w/out being an outright dig against them.
The last thing you should do is make a big fuss about it. You'll only end up looking like a royal ass (even though they are the big a-wads). My friend always says "be better, not bitter" and "kill it with kindness".
You're right to feel angry, but IMO it isn't worth showing or expressing that anger in your local community.

I agree with the other ladies about moving on/getting a contract next time, but FWIW, I don't even know you and this made ME MAD for you!!! I would have fire coming out of my ears if I were you!! (Way too much nepotism in that organization, good riddance to the unethical lot of them!).

If you haven't burned your bridges with these classless folks, you might either ask them or the TV station for a copy of the commercial since you're in it. If it were me, I'd want a copy for resume, posterity, etc.

-Devora

I agree with the above and also offer my sympathies. People can be rotten. I feel that after this learning experience you could be on the cusp of a fabulous new gig. Keep on workin' hard; just don't forget your contracts! : )

Thanks ladies. As it stands, we have a class scheduled for September, but my husband is wondering why I'm even bothering. I think you're all right and it isn't worth it. I'm just so upset that I'm advertising someone else's dance classes now :( I think setting up those classes somehow made me feel like I wasn't completly losing, but for my sanity I'm going to think it over this week and possibly ditch the idea of staying there. I think I'm going to tell them to forget it when I go in this Friday to pick up my final paycheck.

Devora, that's how I felt when I read about the $5 a month for classes undercutter in Ohio and the Jodette story that someone is dealing with. I don't know those girls, but I'm pissed FOR them!

It also wasn't a TV station. They lied to me and it was just some guy filming for their commercial.

Originally Posted by nayastrance

Walk away. The facility sound like one big headache. When people ask you about it say "Yes, I helped them with their commercial. They wanted a professional dancer to represent the the classes there. I did quick mini-session to help get things going but the gym scene really isn't for me." Or something nice, professional, and slightly dismissive w/out being an outright dig against them.
The last thing you should do is make a big fuss about it. You'll only end up looking like a royal ass (even though they are the big a-wads). My friend always says "be better, not bitter" and "kill it with kindness".
You're right to feel angry, but IMO it isn't worth showing or expressing that anger in your local community.

I agree with this.


But I'd also be tempted to say to them 'Obviously, since you're now offering a competing class on the premises it's no longer OK with me for you to use video footage of me to promote your classes.'

If they say 'oh, well, the commercial is already shot and it's too expensive to redo it' I'd wnat to say 'Yes, but I agreed to be in the commercial when I was going to have financial benefit from the use of my likeness. If you want to use footage of me to promote someone else's class that competes with me, I certainly expect to be compensated.'

I have no idea if there's a legal leg to stand on, but it sounds reasonable to me!

Lauren, I did say that I didn't agree with me promoting someone else's classes and all they said was they were sorry and there's nothing they could do about it now. It made me even more angry. That's why I posted here figuring someone might know if I could be compensated if I ask them to do that since I didn't know I would be promoting someone else's classes.

Anyone know?

Originally Posted by alyssaraks

Lauren, I did say that I didn't agree with me promoting someone else's classes and all they said was they were sorry and there's nothing they could do about it now. It made me even more angry. That's why I posted here figuring someone might know if I could be compensated if I ask them to do that since I didn't know I would be promoting someone else's classes.

Anyone know?

can you try calling the station and telling them the commercial contains unauthorized footage of you dancing and that you want it pulled? There is a difference between using footage for a news vid (anything public is fair game) and using something for commercial purposes. I don't know if you have a legal case or not, since the video is typically considered the artistic work of the photographer rather than of the image captured, but if they didn't have a model release form, you might get somewhere with that route. Don't be nasty or anything, but it couldn't hurt to try... So sorry this happened to you! So frustrating when we fight tooth & nail for exposure for our OWN endeavors & the credit goes elsewhere!

If I were you I would send them a letter threatening legal action or something. If they keep promoting your image and you are no longer a teacher at the facility, you should be compensated every time that commercial airs. But that's just me - maybe it's not illegal but I would look into it anyway because it's your image and what if there is a problem with the facility - isn't it possible that your image could be damaged in some way? Sorry for the rant but I'm pissed off about this.

Wow, so sorry. It never ceases to amaze me how low class and underhanded people are. I don't know where you live or what the law is concerning such things but you may want to seek out some legal advice. (Maybe you can just call and ask a lawyer or email for a 'free' quick answer) I do agree however that in most cases it is better to let go and move on, but also know that is easier said then done. We all know it is BS that there is nothing they can do as far as the commercial ,m::

As far your image on the commercial, have you thought of putting a similar picture of yourself on a flyer or advertisement and getting the word out as far as where you do teach and perform? Use it to your advantage so to speak and get people to associate your image with you as a teacher and local belly dancer in general.

We discussed this on tribe extensively one or two times. I believe I remember a legal difference between images used for news or art (or whatever) and images used as advertising. If you take the picture, you own it, unless you try to sell stuff with it. That's why folks sell 'stock' pictures and video clips -- they are selling the rights to use the pictures in advertising.

The woman with the non-compete clause at the the gym who used your video to advertise her own classes is an agressive business woman (good for her) who is currently doing something illegal (bad for her). I think it would do you good to tell her she needs to pay you for the video or pull it - nothing personal, just business - you have to make a living from your talents too. I suppose you could offer to be her belly dance teacher while you are at it -- for a tidy sum :)

I agree that it's best to just walk away from teaching at this studio. They sound like more trouble than they're worth.

Regarding the commercial, isn't a verbal agreement binding? People will go to sign up for classes after having seen this commercial, perhaps having recognized you from classes before or other public performances, as well as from having been impressed by your portion of the commercial.

I don't know about the legal standpoints in Canada, let alone the US, but I wouldn't let this slide. You agreed to do the commercial to advertise for your classes. Now that you've been replaced by incompetence, you do not want to be associated with what is being offered, or being a competition against yourself.

Legal, schmegal. If they're going to be buttheads about it, I'd thank them for their time and contact the media.

Make an appointment with your local newspaper or television and discuss the issue with them. Ask them if you could do up mini infomercial about the dance. Tell them what your old studio is offering, and where you can be located for classes now. I agree with the killing with kindness thing. Don't badmouth them... you can say something like "Jane teaches many dance forms, and was quick to learn belly dance via DVDs. I am no longer teaching at X studio and can be found at studio Z." Since you've already given your cool information session about the dance and sneaked in all your credentials... people can draw their own conclusions.

The trick would be to make sure you don't badmouth your old studio or their dance teacher. You don't want to come across as high and mighty either, but stating the facts and being positive might turn that commercial they've done to YOUR advantage.

Just an idea... I don't think you'd have a hard time convincing the media to do a blurb on you and the dance. Belly dance is a cool thing!

Question about the video footage, did you sign a release form? If you didn't, then you may have some legal footing to stand on. If the video footage is really upsetting you (it would infuriate me to no end) then you might try meeting with a lawyer to see what options exist for you.

My only warning though is that this route could end up leading to a gym/studio bad mouthing you to anyone who will listen, which will unfortunately damage your reputation, even though they are the skeeze-balls. The only reason I would suggestion walking away as the best course of action in this case is because clearly this whole operation is so royally effed up and skeezy that its very likely they would totally trash talk you.

Originally Posted by maurazebra

We discussed this on tribe extensively one or two times. I believe I remember a legal difference between images used for news or art (or whatever) and images used as advertising. If you take the picture, you own it, unless you try to sell stuff with it. That's why folks sell 'stock' pictures and video clips -- they are selling the rights to use the pictures in advertising.

The woman with the non-compete clause at the the gym who used your video to advertise her own classes is an agressive business woman (good for her) who is currently doing something illegal (bad for her). I think it would do you good to tell her she needs to pay you for the video or pull it - nothing personal, just business - you have to make a living from your talents too. I suppose you could offer to be her belly dance teacher while you are at it -- for a tidy sum :)

I think this is good advice.

I didn't sign a release form and it's actually the gym that's running the commercial and not this lady who's teaching the belly dance classes. I've actually never met her! I might have seen her and not really known who she is.

When my student mentioned to me in class that she saw a commercial with me in it, there was a new girl in my class who happened to know this instructor at the gym and said it didn't sound right because she's so nice. And I actually don't fault her too much (except that she's a belly dancer over night). It's the gym who lied to me, it's them who filmed me, who are so unorganized and giving me the run around.

IMO, it would be wise to contact an attorney and find out where you stand before you approach them. Not only will this help you with the video usage aspect of this situation, you'll be forming an alliance with an attorney who can be on hand to advise you in the future. You don't have to use his/her services all the time, but knowing you have someone to turn to will help you to be a more confident businessperson; it will also keep the bullying and crap-slinging down to a minimum if folks know that you have a legal representative handy. "Lawyer" is one of those good words that people sit up and listen to: "Gee, that arrangement sounds great! I'll run it by my attorney and get back to you!" or "Hmmm ... I'm not sure if that's legal. I'd better have my attorney handle this." ... all while smiling sweetly. Good luck.

... and also ... I don't mean to sound all lawyer-happy, but it really burns me up (and I'm sure it does others, too) that a lot of folks think that just because we're artists or performers or that we love what we do makes us exempt from the law or taxes or the rules of commerce such as supply and demand and can be taken advantage of.

You could twist it and use THEIR commercial in YOUR publicity (while making it quietly clear that you don't actually have anything to do with their gym) - doesn't this make you "as seen on TV"?

They'd look really bad if they complained about it, considering how they got the footage.

If you didn't sign a release, the use of your likeness for commercial purposes constitutes an invasion of privacy. I believe that, in the U.S., invasion of privacy is a matter of state law. From a record of the Mississippi Court of Appeals:

"Mississippi recognizes the tort of intentional invasion of privacy. Candebat v. Flanagan, 487 So. 2d 207, 209 (Miss. 1986). One of the classic forms of such invasion of privacy is the appropriation, without consent, of the likeness of another for use in a commercial enterprise. Id.; Deaton v. Delta Democrat Publ'g. Co., 326 So. 2d 471, 473 (Miss. 1976)."

If I were you, I would mail a registered letter to the studio advising them that you will be filing a legal claim against them on the grounds of invasion of privacy unless they pull the commercial from the air by a specified deadline. It may also be worth sending a letter to the local television station that is airing the advertisement to advise them that the footage of you is being used without your consent. The station is of course not liable, but they may be willing to pull the ad until the dispute is resolved.

This advice assumes, of course, that you are willing to sacrifice your business relationship with the studio. If you plan to pursue future teaching opportunities there, it might be worth it to you to let the matter drop, but I would be wary of their business ethics.

I'm going to echo the lawyer suggestion. Using your image for commercial purposes w/o your permission is illegal. Yes, you agreed verbally, but for something completely different than what the footage is being used for. They lied to you and I think you have a case. Talk to a lawyer about sending them a cease and desist letter.

...

Is there a type of lawyer that you don't have to pay unless you get some type of settlement? I have zero dollars. Belly dance is my full-time job and I barely make enough to pay my bills. I really want to open my own studio, but I can't even make enough teaching at all these places to save a little to open one. Does it cost anything to just consult with a lawyer?

Originally Posted by alyssaraks

Is there a type of lawyer that you don't have to pay unless you get some type of settlement? I have zero dollars. Belly dance is my full-time job and I barely make enough to pay my bills. I really want to open my own studio, but I can't even make enough teaching at all these places to save a little to open one. Does it cost anything to just consult with a lawyer?

Do you have any friends, family, or acquaintances who are lawyers that you could talk to? Even if it's not their area of expertise, they may know someone they could recommend to you.

It doesn't cost anything to call and present your situation breifly and see what kind of response you get. I have gotten all kinds of quick free legal advice over the phone. Sometimes they will write the letters for you for a small fee. You never know until you pursue it if that is what you want to do.

Originally Posted by alyssaraks

I didn't sign a release form and it's actually the gym that's running the commercial and not this lady who's teaching the belly dance classes. I've actually never met her! I might have seen her and not really known who she is.

Is there a possibility that the studio is playing the two of you against each other?

I agree with everyone who says to ramp up your legal defence. Even if you can't afford extensive legal council, you CAN afford to send a letter threatening legal action.

Is there any way you can take your students with you if you find another venue?

Can you complain to the Better Business Bureau?

Originally Posted by Candide

Is there a possibility that the studio is playing the two of you against each other?

I agree with everyone who says to ramp up your legal defence. Even if you can't afford extensive legal council, you CAN afford to send a letter threatening legal action.

Is there any way you can take your students with you if you find another venue?

Can you complain to the Better Business Bureau?

They might be. I try not to believe anything they tell me. They pretend to be on "my side" but who knows. They seem flakey.

I only had 5 students because they wanted such a large cut, I had to charge $120 for a 6-week session (I wouldn't even pay that much). But, yes I have all of them on my email list and they can take my classes anywhere if they want because they're informed of them.

That's a good idea about the Better Business Bureau. It's funny, I thought of suggesting that to the dancer in the Jodette situation, but didn't even think of it for myself!

My husband's aunt is a lawyer, so he might contact her and see what she says about this.

Thanks for everyone's help!!

Originally Posted by alyssaraks

They might be. I try not to believe anything they tell me. They pretend to be on "my side" but who knows. They seem flakey.

I only had 5 students because they wanted such a large cut, I had to charge $120 for a 6-week session (I wouldn't even pay that much). But, yes I have all of them on my email list and they can take my classes anywhere if they want because they're informed of them.

That's a good idea about the Better Business Bureau. It's funny, I thought of suggesting that to the dancer in the Jodette situation, but didn't even think of it for myself!

My husband's aunt is a lawyer, so he might contact her and see what she says about this.

Thanks for everyone's help!!

The Better Business Bureau policies and expectations only apply to companies who register with them. ie. if a company registers with the Better Business Bureau and does something nasty - it will go on their file. However, most companies are not registered with them, so there's not a thing that can be done in that case. It's merely a quality assurance company.