film stalled with non-responsive director

S

SDS6

Hi all. Thanks for any advice or comments you're able to give.
I'm a first time filmmaker (coming from an acting background) who produced a short film with some friends two years ago. The film was written and directed by my friend John (not his real name) and was produced by me and my friend Jane (also not real name).

Production was completed in the summer of 2009. By October of 2009 we had a rough cut. Then post-production got halted by personal life events, involving John (writer/director) moving to Texas. He got distracted by other projects and seemed to have lost interest. After some prodding in November 2010, I was finally able get him to do a little more work on the cut. By New Year's he had seemingly forgotten about it again. Now about 8 months have gone by, and he hasn't done anything more with the project. It seems he has lost interest in finishing it.

I have a lot of money, time, energy, and personal favors invested in this project, and I want to complete it. What I'd like to do is take over control of post production and hire an editor here in New York to help me finish it. The production was financed out of pocket between me and John, with each of us contributing approximately 50%. So I feel I have a significant claim to the project.

We haven't spoken for about 6 months, so I emailed him a week ago to let him know that I'd like to take over and finish the film here in NYC. He hasn't responded.

Unfortunately, we were young and naiive making this project, and didn't establish an LLC, and didn't have a contract between the three of us establishing ownership and control.

So my questions are as follows:
A. Do I have a claim to the project, having invested about 50% of the funding?
B. How do you deal with a collaborator who is non-responsive? I'm concerned that even if he agrees to let me finish the film, he'll ignore or avoid my requests to sign a contract establishing that agreement. Does he give up his say in the matter by not responding?

Thanks again for any advice!
 
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Trying to figure out the meaning of an unreturned email is the most frustrating part of the entire business. I can't say I have any great advice here. Maybe up the pressure in your emails a bit. (if I don't hear back from you by date x, we have to proceed anyway) If they don't respond at all, maybe seek legal.
 
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SDS6 said:
So my questions are as follows:
A. Do I have a claim to the project, having invested about 50% of the funding?
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This is really a legal question. What "claim" are you asking about?
Are you asking can you use the law to compel him to respond? Are
you asking if can you use the law to compel him to return all the
footage to you? Are you asking if can you use the law to compel him
to allow you to hire an editor and complete the project?
SDS6 said:
B. How do you deal with a collaborator who is non-responsive? I'm concerned that even if he agrees to let me finish the film, he'll ignore or avoid my requests to sign a contract establishing that agreement. Does he give up his say in the matter by not responding?
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That's a tough one. Keep trying? If he won't respond, that's the only
thing I can think of. I have no suggestions on how to force him to
respond.

The last question goes back to the legal, I think. I doubt he gives up
his 50% ownership simply by not responding to emails or phone calls.
A lawyer will know.

How about dropping the legal aspect and just tell him you've been
thinking about the project and would like to see what you could do to
finish it. Ask if he will make a dub of all the footage and let you give
it a shot.
 
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So my questions are as follows:
A. Do I have a claim to the project, having invested about 50% of the funding?
B. How do you deal with a collaborator who is non-responsive? I'm concerned that even if he agrees to let me finish the film, he'll ignore or avoid my requests to sign a contract establishing that agreement. Does he give up his say in the matter by not responding?
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Your position is that he has breached your verbal contract (to complete and release a movie). At some point you gotta get your movie done! 6 months of non-responsiveness speaks for itself. I've dealt with dead beats. They never change.

You are, in the absence of a written contract to the contrary, a joint copyright owner with the right to exploit it subject to accounting and payment obligations to this guy (your other joint copyright owner). So get it done and release it!
 
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First of all, thanks to all who responded!

This is really a legal question. What "claim" are you asking about?
Are you asking can you use the law to compel him to respond? Are
you asking if can you use the law to compel him to return all the
footage to you? Are you asking if can you use the law to compel him
to allow you to hire an editor and complete the project?
Click to expand...

@directorik: By "claim" I meant do I have a legal right to use this material (our raw footage, the rough cut, etc.). I guess what I'm asking is what does 50% ownership entitle me to? If I can't get the director to cooperate, can I go ahead and finish it without him? Or since he wrote the script and directed the production, does that give him more ownership over the project than I have?

You are, in the absence of a written contract to the contrary, a joint copyright owner with the right to exploit it subject to accounting and payment obligations to this guy (your other joint copyright owner). So get it done and release it!
Click to expand...

@Blade_Jones: I apologize for my ignorance in legal speak. By "subject to accounting and payment obligations" do you mean that all I'm obligated to do is pay him 50% of any money made by releasing the film?

I'm planning to send a higher pressure email today saying that if I don't hear from him in the next X number of days, I'm planning to proceed anyway. I've been avoiding calling, because I want to have a record of all our communications in writing.
 
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@Blade_Jones: I apologize for my ignorance in legal speak. By "subject to accounting and payment obligations" do you mean that all I'm obligated to do is pay him 50% of any money made by releasing the film?
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I believe so. You're allowed to exploit it, but you gotta account and pay him. Assuming he paid for some of the movie then under copyright law he's probably an "author" assuming it was a "work for hire" situation. I'm not sure if it's 50% or if it's based on the ratio of money and or work that he put into it. You'll need to ask a lawyer to be sure.

I'm planning to send a higher pressure email today saying that if I don't hear from him in the next X number of days, I'm planning to proceed anyway. I've been avoiding calling, because I want to have a record of all our communications in writing.
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I wouldn't even give him X days. I'd say that I've waited long enough.
 
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You need to take email out of the factor. You need to start collecting paper -- registered letters will go a long way in proving your case, now, you've still got squat.

Start anew with a formal registered letter with your concerns. Give him a 2 week deadline to respond from the time he signs the reciept of the letter. Follow up with another one with another deadline if he ignores you. Then a third. With the third, you'll be ready for court and your partner will have no defense.

In the meantime, if you have the footage, go ahead and start on an alternative edit.

Good luck.
 
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SDS6 said:
@directorik: By "claim" I meant do I have a legal right to use this material (our raw footage, the rough cut, etc.). I guess what I'm asking is what does 50% ownership entitle me to? If I can't get the director to cooperate, can I go ahead and finish it without him? Or since he wrote the script and directed the production, does that give him more ownership over the project than I have?
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I knew what you meant. It's a legal question that really needs a
legal answer. We can all guess. And I guess that he does not have
more ownership over the project than you. Unless he copyrighted
the script under his name. Then you have no ownership of the
script at all. Even if he never registered the script the law regarding
copyright is often on the side of the original writer.

That's why I feel none of us here can do much more than guess as
to the legal nature of your rights to finish the project. It sure would
be an interesting story for the writer/director to sue the producer for
finishing the movie....

If I were you I would go ahead and finish the project. It sure would
be an interesting story if the writer/director were to sue the producer
for finishing their movie...
 
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harmonica44 said:
It's funny how a writer/director wants to drop out of his own project, when he wrote it. Kind of screwing himself there. But either edit it yourself I guess or get another editor.
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A heck of a lot of indie films die in the editing suite for one reason or another. This film is lucky someone is kicking *ss trying to see that it gets finished.
 
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Unless he copyrighted
the script under his name. Then you have no ownership of the
script at all. Even if he never registered the script the law regarding
copyright is often on the side of the original writer.
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It's still a partnership agreement that they were acting on. If you spend a whole bunch of money and then one partner backs out then there's been a breach. Sue him for damages or release it yourself. My understanding (from past movies and discussions with lawyers) is that one partner cannot sue the other for copyright infringement. Only breach of contract. Big difference.
A script is copyrighted from the moment it is created (affixed in a tangible form- - Ex: saved on a hard drive). The library of congress is just a line of defense to prove that a claim was made to the script on such and such date. They process paperwork. They don't check to verify the authenticity of any copyright claim.
 
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Do you have his address in Texas? You can pay like ten bucks get a letter notarized, then send it through certified mail. Be polite but firm. Offer him a final chance to redeem himself. If he then does not reply, do you have a copy of the film in your possession? If so, get cracking on moving forward. You can't let this guy destroy something you've invested equally in just because he's got something better going on. If you have proof to show that contributions were 50% then you can perhaps make a case but you should really try to avoid that. Why spend more money on legal fees?

Definitely do the letter, make sure its notarized so if you do need to go to court it'll be a legal doc. Do certified mail so he has to sign for it again proof that the correspondence was initiated and completed. This will provide proof of your effort and acknowledgment of your effort on his part. Just say that if you don't hear back within a certain time frame of receipt of this letter you will be forced to move forward without him.

If anything he'll wanna attach his name to what would now be YOUR finished product. At which point you can probably negotiate using his unresponsiveness to your favor.
 
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