Am I being screwed here?

E

eimajjjj

Hi guys,

To wrap up a long story short:

I'm a first time feature film Director. I've written, produced, cast and am directing the film. Anyway, I hired a DP who has worked hard as we were understaffed to begin with. 10 days into a 20 day shoot he's called me up and basically said 'I've picked the shots, I want to be credited as Director'. I responded to the likes of 'are you mad? I've spent the best part of two years putting the locations, actors, script, absolutely everything together and even though you're much more experienced and technically savvy that I am, this is my film'. He quickly pointed out that AS WE SIGNED NO CONTRACT THE FOOTAGE IS LEGALLY HIS!

So, am I right in thinking he could actually just swing round and say 'You know what, this is my film, I'm taking it'.

Also, I've paid him 75% of his fee directly to his bank without invoice.

Total panic right now!
 
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Spoke to another lawyer today and yes, without him signing over the image copyrights, he owns them. I'll have to negotiate an agreement with him to sign the copyright over apparently. The lawyer suggested I start with 0.5%....I don't think she knows how greedy this guy is.
 
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Sorry to hear this. What a nightmare.

It's different here in the states. My lawyer said that under US law
all images captured under a work for hire (even if there is no written
contract) belongs to the person paying for the creation of the images.
She is unaware of a UK law that is different. I can't imagine even
considering making a film in the UK if the camera owner or operator
owns the images taken by that camera.
 
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directorik said:
Sorry to hear this. What a nightmare.

It's different here in the states. My lawyer said that under US law
all images captured under a work for hire (even if there is no written
contract) belongs to the person paying for the creation of the images.
She is unaware of a UK law that is different. I can't imagine even
considering making a film in the UK if the camera owner or operator
owns the images taken by that camera.
Click to expand...

Well most films you'd get the release forms signed in advance. I was way too naive and trusting on this occasion.
 
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eimajjjj said:
Well most films you'd get the release forms signed in advance. I was way too naive and trusting on this occasion.
Click to expand...
And it seems in the UK you must have the camera owner and
operator sign a copyright release so you MUST be diligent. Here
in the states we don't need to be. I have not only never had a
DP sign a copyright release for the images I have never even
seen one - or heard of this until your post.

Do you know exactly who is it who owns the copyright of the
video or film images? Is it the hired DP? Is it the owner of the
camera? Is it the person operating the camera? Do you need
to get a signed release from all of these people?

I would be totally screwed if that law was here in the states. I
have worked with 8 different DP's - they would own my movies.
On the other hand I have shot thousands of hours of footage
for other people. In the UK I would own all that footage and could
be a jerk like the guy you worked with and hold the projects
hostage. I am so thankful that the laws are different here in the
states. And I'm so sorry this is happening to you.
 
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directorik said:
And it seems in the UK you must have the camera owner and
operator sign a copyright release so you MUST be diligent. Here
in the states we don't need to be. I have not only never had a
DP sign a copyright release for the images I have never even
seen one - or heard of this until your post.

Do you know exactly who is it who owns the copyright of the
video or film images? Is it the hired DP? Is it the owner of the
camera? Is it the person operating the camera? Do you need
to get a signed release from all of these people?

I would be totally screwed if that law was here in the states. I
have worked with 8 different DP's - they would own my movies.
On the other hand I have shot thousands of hours of footage
for other people. In the UK I would own all that footage and could
be a jerk like the guy you worked with and hold the projects
hostage. I am so thankful that the laws are different here in the
states. And I'm so sorry this is happening to you.
Click to expand...

Well he owned and operated the camera so that's all academic I guess. He's now demanding a producer credit, it gets worse and worse.
 
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Write your politicians in England. That's the most ridiculous law I've ever heard if its true. Although if they're like our politicians in the US, they won't care one iota.

Hope it's an entertainment lawyer you spoke to. General practice lawyers are often wrong about stuff.
 
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eimajjjj said:
To be given producer credit, full access to post-production and 10% of the film.
Click to expand...

What is he demanding as proof that you will agree to all this? Can you fool him somehow? There's no dishonour is screwing someone who screwed you first.

Also, how good is his footage? Is it better than you can do all over again?
 
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eimajjjj said:
To be given producer credit, full access to post-production and 10% of the film.
Click to expand...

I should have thought of this before: are you shooting a 'making of' as well?
That could be interesting: give him the credit, offer 5% and if full access means he can walk in at his own expense: let him walk in. Just misinform him about the dates :-p
After regaining the right and releasing the feature, release the making of.
Set up a meeting with hidden cameras like the programs that expose con-men.
It must be great drama like 'Lost in La Mancha' and it will burn his career to the ground.
He thinks he's clever and gets some quick and easy money, but easy money is worthless when it's the last money you'll ever earn...

You should at least post a blog about this with his name.
Keep it emotionless and factual; I guess other peoples reactions will add the emotions for you...

Anyway: good luck!
 
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Id offer more percents and NO access to the post. This guy will likely find a way to own you in post too, and once he owns the footage and the edit, what do you have left?

Seriously, if he has power to HOLD up the production in post you can bet he will.
 
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There is no simple solution, so:

1. Get all of the crew members you can get on your side as witnesses;

2. Have the release ready for the DP to be signed asap;

3. Get your DP in a room with all the witnesses;

4. Ask the crew if the DP has the right to be the Producer (that's just so that he'll end up talking) they'll say no, so tell everyone what happened and how the film is being jeopardized;

5. Hopefully, the DP will confess that he is only the DP and that somehow he is blackmailing you and the crew;

6. Threat to sue him if he does not confess that he was hired to do the DP job and now he wants credit for what he hasn't done.

7. Get all the footage of this meeting (if the UK law allows it somehow).

8. If it doesn't work (probably it won't), SUE HIM.

You'll have witnesses, you'll have everything.
 
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eimajjjj said:
Hi guys,

To wrap up a long story short:

I'm a first time feature film Director. I've written, produced, cast and am directing the film. Anyway, I hired a DP who has worked hard as we were understaffed to begin with. 10 days into a 20 day shoot he's called me up and basically said 'I've picked the shots, I want to be credited as Director'. I responded to the likes of 'are you mad? I've spent the best part of two years putting the locations, actors, script, absolutely everything together and even though you're much more experienced and technically savvy that I am, this is my film'. He quickly pointed out that AS WE SIGNED NO CONTRACT THE FOOTAGE IS LEGALLY HIS!

So, am I right in thinking he could actually just swing round and say 'You know what, this is my film, I'm taking it'.

Also, I've paid him 75% of his fee directly to his bank without invoice.

Total panic right now!
Click to expand...

this is why sometimes its good to be feared. i find who i work with like me but also fear me when i lose my temper and i never let on to how soft i really am. in short; i want them to think that i could literally kill for my movie...like literally...so if my dp ever thought about pulling that stunt his next thought would be "but i like my kneecaps"...
 
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dr stilly said:
this is why sometimes its good to be feared. i find who i work with like me but also fear me when i lose my temper and i never let on to how soft i really am. in short; i want them to think that i could literally kill for my movie...like literally...so if my dp ever thought about pulling that stunt his next thought would be "but i like my kneecaps"...
Click to expand...

This is so crazy, looks like its going nowhere. An incredible amount of money and time wasted because a bully can't get his way. Sorry to keep on about it but it's a real eye-opener at least for all those first time feature directors.

One thing's for sure. If this gets shelved because of all this, I'll be releasing his name for all to see. Or maybe that's just too much negativity in itself.
 
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Wow just wow... reading this the guy must have no soul to do this to a person. By all means if this goes tits up name and shame I wouldn't want to work with someone like that. If its any consolation, with this attitude towards working with others the guy wont get far, as the whole industry is based on working with others :yes:. Lessons learnt, I hope it wont put you off further projects.
 
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eimajjjj said:
This is so crazy, looks like its going nowhere. An incredible amount of money and time wasted because a bully can't get his way. Sorry to keep on about it but it's a real eye-opener at least for all those first time feature directors.

One thing's for sure. If this gets shelved because of all this, I'll be releasing his name for all to see. Or maybe that's just too much negativity in itself.
Click to expand...

Quit complaining and get yourself some real life action.
 
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lcmazza said:
Quit complaining and get yourself some real life action.
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Obviously someone have no idea what it's like to watch all his hard work going down the drain.

If you've something to suggest, then do so politely, if you've nothing to share, show some compassion, if not even that, at least don't say anything.
 
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Synia said:
Obviously someone have no idea what it's like to watch all his hard work going down the drain.

If you've something to suggest, then do so politely, if you've nothing to share, show some compassion, if not even that, at least don't say anything.
Click to expand...

Yesterday night I read all posts of this thread and I really got touched by this terrible story. Actually it thought me a lot of lessons I had to learn.

As I read through the thread, I realized that among many funny jokes, the only real solutions were based in having to accept that somehow the DP won. But... I felt compelled at trying to find a solution where the OP, not the DP, could finally win it all. I really tried, posted and I was ignored by him. What do I read next? More complaints.

Sometimes people need to shake things up so others can see an erroneous, passive behavior.

Are you afraid the OP may feel sad after reading a direct and truthful comment? Do you feel sad for him?
I do. That's why I would like him to think about a solution that dignifies his effort. He only needs to put more effort and quit complaining. Actually, you both should be more rational.
 
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