After production, one of my actors just left and never heard from him again. I was wondering should I credit him by his real name, according to name he gave me, or do I need his permission now?
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Is it legal for me to credit the actor if...?
- Thread starter harmonica44
- Start date
No, he was a spur the moment replacement that showed up that day, got the scene done (and did very well!), but then never heard from him again, and tried a few emails over the months. I know I should have gotten him to, I was preoccupied.
well you can release it...
if you sell it, he can come in from the right, and demand a shitton of cash from your profits
if you just release it for free, he will be able to force you to either cut him out, or remove the movie from online.
but you can also hope that he doesn't care, and don't see it anywhere.
if you sell it, he can come in from the right, and demand a shitton of cash from your profits
if you just release it for free, he will be able to force you to either cut him out, or remove the movie from online.
but you can also hope that he doesn't care, and don't see it anywhere.
You have to cut his performance. Sorry.
Next time do not take the lens cap off until everybody on the set (cast, extras, crew) turns in a signed release. If someone hems and haw, send them home immediately.
Next time do not take the lens cap off until everybody on the set (cast, extras, crew) turns in a signed release. If someone hems and haw, send them home immediately.
I don't know how Canadian law works, but if this were shot in the US then you would have a verbal contract. This has been discussed to death. Yes they could go to the extreme of taking you to court, but would they win? I say no if Canadian laws are the same as in the US.
I would not credit him. Most people only care about IMDB credits anyway. That site is run by a third party. Not your responsibility.
I would not credit him. Most people only care about IMDB credits anyway. That site is run by a third party. Not your responsibility.
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Well we have verbal contracts and several emails. I can't cut him out as it would make no sense otherwise. The emails are actually more proof than a signature at least logically.
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True. Well I have to give DVD copies to all the actors like I promised. I don't think he'd mind, or he'd do something about it.
Back up your Thunderbird, Outlook or Outlook Express profile to save those emails. If using Hotmail, Gmail or other cloud email then don't delete it. If all you have is a printed out email it could be challenged.
Also the mere acts of auditioning (save any video footage, casting notices, etc) and showing up to act on a "movie set" is a verbal contract in and of itself. It's obvious that they are going to be in a movie. If they have a problem with how things turned out then there are proper channels for an actor to mitigate. If they do nothing then that's further confirmation of a verbal contract. You don't complain 2 years later when the movie gets released. This is what a lawyer told me. Some people erroneously say that movies are different than other verbal contracts. That's not true. Verbal contracts can apply to actor work too.
Having said all of that, yes they could foul things up and it could get expensive in court, but that would be extreme. Probably not likely. And yes a distributor might very well get scared off, but very very few indie movies ever get distribution. When was the last time you saw a low budget indie movie in what's left of stores that sell or rent movies? Chances are your movie will be self distributed online via websites like Amazon which don't require copies of releases.
Canadian laws are effectively the same as the US. And, as suggested here, back up your emails. If you agreed to send a DVD to him, send him an email asking him where he would like the DVD, and follow up to his last known address. If he doesn't answer, then you've done your best.
I have other emails backed up, but he didn't get back to me after the shoot. It's the other actors who want DVDs. I don't have audition footage cause he was a spur the moment replacement. The original guy dropped out.