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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There is no reasonable solution to this problem as your DP is not going to be reasonable about anything. You are going to have to put this into the "lessons learned" category and resolve it as best as you can.

Always, and I mean ALWAYS, get everything in writing; then there are never any questions about responsibilities and ownership.

BTW, when and where was the script registered? Who else was privy to all of your communications and agreements with the DP? How were things presented to the rest of the crew and the cast and by whom? Did you retain the cast and crew, or did he? Who did the preproduction? Who has paid for everything so far AND HAS THE RECEIPTS TO PROVE IT? (Just having the cheques which he deposited could possibly be proof that he was retained as a freelance "work-for-hire" that would negate his claims.) And, if he wants to be in charge of post production is he willing to assume the financial responsibilities, including audio post, visual FX, color correction, marketing, transfers to film or other formats, etc., etc,. etc.?

List it all out and visit a solicitor; you have to find out where you stand legally before you proceed. Just string him along for a while...
 
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Alcove Audio said:
BTW, when and where was the script registered? Who else was privy to all of your communications and agreements with the DP? How were things presented to the rest of the crew and the cast and by whom? Did you retain the cast and crew, or did he? Who did the preproduction? Who has paid for everything so far AND HAS THE RECEIPTS TO PROVE IT? (Just having the cheques which he deposited could possibly be proof that he was retained as a freelance "work-for-hire" that would negate his claims.) And, if he wants to be in charge of post production is he willing to assume the financial responsibilities, including audio post, visual FX, color correction, marketing, transfers to film or other formats, etc., etc,. etc.?
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To answer your questions: I've paid for everything. I wrote the script, cast the actors, organised locations, production, wired money to his account and I'd be paying for this post-production where he now wants to be the producer.

I still owe him the last 1/3 of his fee and we have 5 shoot days left. I think it's more than fair to demand a release form signed before I pay that. Anyone have a link to a solid form online to use?
 
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To answer your questions: I've paid for everything. I wrote the script, cast the actors, organised locations, production, wired money to his account and I'd be paying for this post-production where he now wants to be the producer.

I still owe him the last 1/3 of his fee and we have 5 shoot days left. I think it's more than fair to demand a release form signed before I pay that. Anyone have a link to a solid form online to use?
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I would flat out DEMAND to get my footage. Document your demands with an email and preferably a certified letter. Don't concede anything. Your position is that the movie is yours. The footage is yours and he has no right to retain your footage. Play hardball. His arguments are at best based on verbal representations that dissipated into thin air and can't be proved unless you admit to them. The fact that you paid for everything is big. Even if he might legally own a share of the copyrights (which I have doubts), one partner cannot sue the other partner for copyright infringement under US law. It's just a breach of contract case. I can't imagine that laws are much different in the UK than the US.
 
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Blade_Jones said:
I can't imagine that laws are much different in the UK than the US.
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It seems they are I'm afraid. Whoever shoots the footage, owns the footage. The worst case scenario is I get my money back but all that footage wasted in which case no-one wins. I know he can't use the footage himself but he can hold me to ransom over it until he gets what he wants.
 
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eimajjjj said:
It seems they are I'm afraid. Whoever shoots the footage, owns the footage. The worst case scenario is I get my money back but all that footage wasted in which case no-one wins. I know he can't use the footage himself but he can hold me to ransom over it until he gets what he wants.
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This guy is a bully. Cut your losses and next time (when you reshoot this short film) don't let people walk all over you.
 
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Sounds like you really need to think more about negotiation and compromise rather than who's right or wrong. You are in an awkward situation, figure out how to provide him what he's looking for without giving away what you feel you deserve. How about asking him if he's willing to accept SHARED credit across the board. Co-producer, co-director. BUT, this also includes co-supervision of post-production. You've invested to much of yourself into this project to let someone else take it over. Work together (through gritted teeth) to get it done, and then move on--without using this guy ever again.
 
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So eimajjjj, there's absolutely no paper work at all? No receipts? Nothing? Nothing he can bring to court if he decides to sue you and vice versa?

Is he asking you to sign something to get your footage back? Or does he just want his Producer/Director credit?
 
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How about you tell him that because you're doing it together you'll give him a "co-direted by" credit - all the best 50% is better than 0% especially, if he walks and at all comes to a halt.

Put it down to experience and carry on 'learning' - all the best, Jim.
 
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He owns the camera and media cards but has been backing up to my drives every day so I'll have a physical storage of all the footage at the end but if he never signs that release form I can never use it.

I simply don't want the guy co-producing my film that I've busted my balls for the last year and a half. I think he may be accepting the 10% of any possible profits but that makes me sick I've been strong armed into that. I expect though he's going to say 'Pay me to do the post-production and give me 10%' which is simply ridiculous.

Lesson to be learned for all indeed. The worst-case for him is that he has to pay me my money back and the feature isn't released (although he said he doesn't have to pay that back to me as there was no invoice/receipt, I wired it). Worst-case for me is all this work has come to nothing.
 
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eimajjjj said:
It's a feature! And it's not a case of being walked over but a case of me legally screwing up with a guy that seems to be on the border of blackmail.
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Oh, it's not on the border. You need to decide if you're going to play ball or take legal action, or at least advice, beginning tomorrow morning. Most judges have little patience with business arrangements done without contracts, so keep that in mind.

In the US, it's not uncommon for an attorney to file suit and put a lien on property (even bank accounts) owned by the defendant until the case is heard. Sometimes, this is enough to inspire negotiations all by itself, like getting the footage back.
 
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CamVader said:
Wait! Who did the actors sign with? Even just permission to use likeness.
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With me. Locations and performance releases all signed to me. Script written by me. Footage shot with his camera. Data stored on my drives. Release not given unless I give him 10% plus Producer role.

I do need to see an attorney I think.
 
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If you've all the footage, FIRE him right now. Do not pay his remaining 25%.

QUICKLY schedule the remaining shots with your new DP, pronto.

You don't need to talk to your original DP again. Let HIM talk to a lawyer first . . . his lawyer will probably inform him that his case is weak and to proceed will cost him money he'll never see again.
 
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GuerrillaAngel said:
If you've all the footage, FIRE him right now. Do not pay his remaining 25%.

QUICKLY schedule the remaining shots with your new DP, pronto.

You don't need to talk to your original DP again. Let HIM talk to a lawyer first . . . his lawyer will probably inform him that his case is weak and to proceed will cost him money he'll never see again.
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Sorry guys, but in the UK you can't use a DPs footage without them signing the copyright release form over first. I could in theory use the footage, make the film but it won't go anywhere unless I get a signed release from him.
 
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eimajjjj said:
Sorry guys, but in the UK you can't use a DPs footage without them signing the copyright release form over first. I could in theory use the footage, make the film but it won't go anywhere unless I get a signed release from him.
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If you have possession of the footage, you've got most of the cards and he ain't got squat. For sure, see a lawyer. But you seem pretty solid.

Question: Somehow I get the sense you want this guy to stay involved in the project, that you dislike his personality but like his work. If that's the case, it's complicated.
 
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Ok, this is what I would do:

1) Meet with an entertainment attorney for an hour. If any solutions require the spending of additional funds, drop your project.

2) If you cannot afford an attorney, drop your project. My fear is that from this position of weakness, you're going to get screwed over and over again by this project even if you proceed with good faith.

Regroup and shoot your project later with all the proper paperwork giving you full ownership and control of the film.
 
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