Am I being screwed here?

[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!

 

[Dreadylocks]

This explains the UK laws, at least:

http://www.huffingtonpost.com/artinfo/could-the-cindy-sherman-o_b_899866.html

And I still think this guy is a just a bully. If you cave to his demands he will just ask for more and more until you have no credit or control and you can kiss your movie goodbye. So, would you rather have wasted your money on a movie that never gets finished, or wasted your money on a movie that does get finished but you get no credit for?

 

[Blade_Jones]

I was reading over the same thing, but it sounds like if there's no work-for-hire contract with a freelancer, then the copyright remains with the person who shot the footage.

Which lines of text are you reading?

I gathered from that article that in England if it's a work for hire situation then the producer owns the copyrights.

 

[cameronchapman]

Which lines of text are you reading?

I gathered from that article that English law is similar to Australian law. Australian law says....

"a different set of copyright rules governs the ownership of Australian sound recordings, cinematographic works, audio and video broadcasts, and typographical arrangements of published works. 4 Copyright Act, 1968, §§ 97-100. For these categories, the law vests copyright ownership in either an employer or a commissioning party over the originating author. Sound recordings are owned by the owner of the master recording; the
producer of a film is the sole owner of the film’s copyright. Copyright Act, 1968, §§ 97-98. Likewise, anyone commissioning a sound recording or work of cinema is deemed the owner of that work."

You're right, I misread it (or didn't read it fully). Right in the executive summary it says (bolding mine):

In the case of works by independent contractors, Japan and the three common law nations vest initial ownership of such works in the contractor, although all provide for the freedom to contract otherwise. The U.S. limits the definition of works made for hire to nine specific categories of works. Further, both Australia and the United Kingdom limit the application of the general rule to artistic and literary works. Ownership of sound recordings and films in these two nations will vest in the commissioning party absent some other agreement.

So, to the OP, it looks like the law is clearly on your side, even without a release from the DP.

 

[Blade_Jones]

So, to the OP, it looks like the law is clearly on your side, even without a release from the DP.

I'd "read him the riot act" demanding my footage. If he doesn't comply then a court room is the only remedy... unless of course he can get this guy to fly out to Nevada.

 

[DDK]

You know, hunteq, you bring up an interesting point. Put in the same position, I might be tempted to to make a few calls to people who know people and set up a little "ride in the country" to appeal to that DP on a different level and maybe see the error in his ways.

That's just me, though.

I did mention my solution was a baseball bat. Messier, but far more cathartic.

 

[CamVader]

I did mention my solution was a baseball bat. Messier, but far more cathartic.

I'm at least two degrees of Kevin Bacon away from the methodology.

 

[me-only-me]

Try a compermize see if he will take a codirector spot

 

[wheatgrinder]

fun thread to read ( like watching a car wreck!) any updates from the OP?

 

[Jamster]

Take him off the credits - change the name of the project - prob won't even know.

If he does let him 'prove' he shot it.

If all else fails, I know someone who knows someone... ;-0

 

[Synia]

Just throwing in my 2 cents

It really does sound like you did the job of the producer. Why don't just credit yourself as such? Chances are, being more experience, your DP probably did MOST of the director's job anyway.

Credit him as Director, and yourself for Producer, Screenply, and if you want co-director.

They are not bad credits in my opinion, and far easier and probably cheaper than getting a lawsuit.

And it sounds like your DP is a pretty talented guy who is willing to work hard and long to get a project done. If you sort out this mess well without upseting either party, you may well gain a good colleague. And lets be honest in this field, iit's not what you know that makes you stand out, but who you know. The more contacts the merrier =)

 

[WalterB]

He wasn't the producer but he WANTS to be the producer in post-production, effectively giving him control over the final product.

He works freelance and this is his first feature as head DP. No way can I cut my losses 3 weeks into a feature shoot and start again. It's not financially or logistically possible.

Aha, it's about his empty agenda.
He tries to milk the project, because he has no other 'leads in the pipeline'.

The good thing about him wanting the credits is, that he apparently believes it's a good project. You are working on something worth hijacking...

Good luck!
Let us know how this ends!

 

[Graeme]

Okay, so you made a mistake by not getting his release in writing.

Here is how I would play it...
1. I would discuss with him his wants with the position that there is no deal if I don't have the rights and releases in the agreement. Him wanting PP is off the table because I would not have control of the footage... Getting a signed contract saying you own the copyright is vital. Afterwards you can fire him or whatever... If he wants credit I would consider it and in the credit section of the film I would add "(FIRED)"
2. If you have the money or not, indicate that you plan to reshoot the feature from scratch with another DP (even have one lined up). If you can bluff that position he may be more willing to negotiate.
3. If negotiations go bad, it's a loss on the footage and simply indicate that you will be filling a small claims court (those exist in UK, where you don't have lawyers involved?) for the money paid to him. You may not win, but it will put into public record that he has had a claim agaist him.

There a some other good ideas that are UK specific such as lodging a complaint with the local DP organization etc. Just be truthful.


Re Canada law: unless you have a contract stating otherwise, whomever does the physical shooting owns the copyright to that material. So always get contracts and clearly state who owns the copyright.

 

[brettzdamn]

Sorry for your bad luck man.

My solution, get your footage back in whatever way that has been expressed. Sign him on as prod.

Then after teh movie has been produced and finalized, go to your local Walmart or generic chain store. By yourself a nice black ski mask. If you have any friends get one for them to. Next, stop at the local hardware store. Now you find a nice length of pipe-doesn't have to be new, in fact, the rustier the scarier, the scarier the better. Take a nice drive to this ignorant, selfish bastatrd's cave. Wait til 230AM on a Monday night-(this is not from personal experience but if I were a burglar this is when Chamburger would strike)-now you can either bust in guns blazing or you can do it real quiet...like the Mafia.

After you BnE in you talk to him about owing money to Uncle Tony. When he pleads with you slap him. After you've roughed him up and you get him to say he doesn't have the money, you can do a couple things but the most obvious: You can break his hand so when he holds a camera again, he'll think twice before he fucks with anyone else, or when he craps his pants like most people cut from a similar cloth do, you can snapshot that for your own perpetual enjoyment-this is what I'd do.

Just remember get in, get out, keep the emotion minimal, and most importantly have fun. Stay no longer than 4-6 minutes depending on teh living situation, no less than 2 minutes-leave too quickly he'll know you;re an amateur lol. Oh yea i've learned through numerous prank calls that if you talk like Christian Bale's Batman no one will ever know who the fuck you are.

You forgot the most importaint thing....Leather gloves! and also i personaly think a metal little league baseball bat can be more intimidating then a rusty pipe......But thats just what ive herd

 

[Jack Lynt]

It would be nice to hear the DP's side of the story. It's an interesting thought to me that he might visit this forum and have checked out this thread.

As you've described it, OP, it sounds like you're being bullied.

You say that he based his hostile take-over on the fact that you had been deferring to him and letting him choose the shots. To that I would ask, so what? That's an important job, but since when is that all that a director does? You say that he did a lot of work beyond that of a DP? What else did he do?

I don't care how skilled he is as a DP, as you've described him, he sounds like an unprofessional scheister. Fire him. Do not work with him anymore. Tell your friends and associates to beware of him and why. I agree, do not give him a producer credit. According to your story, he deserves nothing of the kind. And DO NOT give him control of Post Production. It sounds like there would be nothing left of your in your film.

Thanks to the efforts of other members above, it sounds like in the UK the law favors you.

In the future, please get everyone to sign. That way everyone knows their roles and their rights.

If this project means enough to you and to others and you decide that you must have the footage already shot by the DP, then you'd better just do what Uncle Zensteve told you to do, if you can afford it.

And damn, Nate, Gorilla, Cham, et al...I would certainly want you guys on my side of a disagreement.

[Edit]: qualified a statement.

 

[Blade_Jones]

Consult with an entertainment lawyer. Make sure it's not just some general practice lawyer. I've said that I think you have a legit claim to get possession of your footage. Sue him for breach of contract while you're at it. Let us know how it goes...

 

[spinner]

I just had a thought...

You said this is the DP's first job as head DP. What is this person's background? Is it extensive enough for him to be taking over a film you are paying for? Plus, it still sounds like he thinks he can't be fired.

What about your actors? They signed a release with you, not him, for use of their likeness (someone asked this before). Would they be willing to say to this DP "we're not working with you nor did we give you permission to use our likeness or voices, nor are we going to finish this film with you (the DP)." Whether he has the footage or not, wouldn't that mean he couldn't use it? At least it would make it a waste of time to even go into post?

What about your crew? They've put in a lot of time and effort for you, could you bring them to your side as well? I guess I am suggesting a "strike" of sorts. He isn't only affecting you, but all your cast and crew as well. If they are on your side, you might not need legal action as the film will not get completed if they don't work with this DP. Which will also give you time to find a new DP and make him sign a release.


-- spinner

 

[Synia]

I know all you are thinking of right now is how you can get the footage and how to screw with him afterwards, and that seems to be the suggestion of a lot of people here, but what i think you really need is to settle this proffessionally.

If the guy says he wants to be producer or co-producer, ask him if he is willing to pay you back all the money which you spent, as well as more for hiring you as director, plus buying your script. If not, then he is not the producer. If he is willing to pay for part of that, you can settle this with him being co-producer.

Its not just about the credit at the end of the film, you've got to put in the effort to earn the credit. From your posts earlier, it seems he did really earn the credit of director. He probably wants to be producer because he is afraid as soon as he hand over the footage, you are going to fire him. Assure him that you wont

Besides, it seems he put in lots of effort and time and energy into this film too. If he holds the footage, he cant do anything about it either, since he dont have the right to your script. Its really in both of your interest to settle this peacefully and quickly. After which, out it on paper that you wont start firing each other as soon as he gives you the footage.

 

[eimajjjj]

so...I spoke to an entertainment lawyer..apparently the producer and principal director has copyright to the footage but my concern here is that any possible distributor may still ask for a dp release form in which he could still hard ball me..

the lesson here: sign everything before anything!

 

[Michael Allen]

so...I spoke to an entertainment lawyer..apparently the producer and principal director has copyright to the footage but my concern here is that any possible distributor may still ask for a dp release form in which he could still hard ball me..

the lesson here: sign everything before anything!

Did the lawyer suggest you would need a release from the dp? I'm sure if any film makers on this forum have needed a signed release from the dp to satisfy a distributor you'll find out pretty soon.

 

[brianluce]

so...I spoke to an entertainment lawyer..apparently the producer and principal director has copyright to the footage but my concern here is that any possible distributor may still ask for a dp release form in which he could still hard ball me..

the lesson here: sign everything before anything!

That makes perfect sense, I can't imagine a situation where the DP could claim ownership. A lot of DP's don't even operate. And a lot of times there are multiple cameras running, so who'd own the footage then? Each operator get a share or something?