I have a work for hire contract with a "dp" who has refused to give me the footage to the film I wrote and directed. he provided the crew so he essentially line produced it, right?
also, i made the mistake of trusting this cross-eyed snake and paid him in full already. had a lawyer give him a new contract, or promise, that he wanted (he didn't want his name on the project) but did not send back the footage like he said he would.
any advice? I have all correspondences and his written promise to deliver the footage...
then his threat to "clear my footage" if I tried to contact him while he was working (cuz I'm so freaking psychic, obviously).
thanks!
-justanotherdumbactress
If payment has been made then he has no right to hold the footage. In my own twenty years experience in TV and film, I only know of Cameramen holding film/tapes if there is some kind of serious grievance. Perhaps your DP was paid, but is there some other issue which would cause him to hold the film? Have you paid the crew? Is there some other problem that you haven't dealt with properly? I don't know and don't intend on being accusatory, but generally, no one will hold footage without good cause.
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com
Guy sounds like a total tool. Somehow get the footage from him followed by a swift hook to the jaw.
Get a lawyer to write him a letter - most lawyers will know what to do, but you will have to pay, of course.
Once again, I don't get the feeling that we're hearing the entire story. NO working crew member will withhold footage without SOME reason(s). So, before leveling hate upon the DP in question, I ask again, what are his reasons for withholding the footage? There MUST BE some reason(s).
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com
hi again,
I don't think withhold is the proper word. at this point, because he went from I'll be around this weekend to give you the footage" to "yeah I can drop off the disk outside my house" (which means it could be 'stolen' and he didn't have anything to do with it". So perhaps at got lost...? my favorite text from him after this turning point was, "Im not giving you shit" after I offered to pick it up at his convenience.
I would have called him a tool but I didn't want to place and pre-bias into the story.
so i think he lost it and got defensive.
I DID have a lawyer send him a letter he (the dp) requested-stating that I would not put his name on it. So the dp got his new precious letter and has still not returned the footage.
Our court meeting is tomorrow morning.
Kinda wanna dress up like an Aztec princess before the sacrifice. I mean.
😉
I wish you the best in your court meeting.
I guess there isn't much advice you can use at this point.
Your lawyer will be helping you out with advice.
quote:
Originally posted by misswhynottryit
he provided the crew so he essentially line produced it, right?
No. A DP who brings his own crew in not the Line Producer.
It' quite common to hire a DP and have him bring on his
own crew.
Let us know what happens.
=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
As CI said, if you have a lawyer, there's not much else this forum can do. But I'd like to know what happens at the court meeting tomorrow. Where are you? I presume the court case is in the same state.
Just curious, why didn't you take the footage at the end of the shoot day? I don't know of any shoots where the Cameraman WANTS to hold onto footage/film/tapes/files PRECISELY because the responsibility for that material should be exclusively in the domain of the Producers.
So you're saying that this Cameraman took the footage home after the shoot and did not give it to you at wrap? Why? Why would he do that? Why would you let that happen?
Something is still very weird about this entire thing.
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com
quote:
Originally posted by bjdzyak
Just curious, why didn't you take the footage at the end of the shoot day? I don't know of any shoots where the Cameraman WANTS to hold onto footage/film/tapes/files PRECISELY because the responsibility for that material should be exclusively in the domain of the Producers.So you're saying that this Cameraman took the footage home after the shoot and did not give it to you at wrap? Why? Why would he do that? Why would you let that happen?
Something is still very weird about this entire thing.
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com
It wouldn't take much for a self-proclaimed pro DoP to dupe a young, first-time director into thinking that their footage is safer in their hands.
Personally, I would never allow my footage to be handled externally. I am a control freak, hence everything goes through me, first hand.
quote:
Originally posted by J-McEvoy
quote:
Originally posted by bjdzyak
Just curious, why didn't you take the footage at the end of the shoot day? I don't know of any shoots where the Cameraman WANTS to hold onto footage/film/tapes/files PRECISELY because the responsibility for that material should be exclusively in the domain of the Producers.So you're saying that this Cameraman took the footage home after the shoot and did not give it to you at wrap? Why? Why would he do that? Why would you let that happen?
Something is still very weird about this entire thing.
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.comIt wouldn't take much for a self-proclaimed pro DoP to dupe a young, first-time director into thinking that their footage is safer in their hands.
Personally, I would never allow my footage to be handled externally. I am a control freak, hence everything goes through me, first hand.
Dupe? To what end? This "Director" hasn't claimed that the DP has asked for MORE money or anything at all.
Still a very confusing story being told here. I still feel like we are not hearing the entire tale. Unless this unnamed DP is certifiably crazy, very little of this makes sense. ANY DP, semi-experienced to experienced, would have immediately given the footage to "production" at wrap UNLESS there was a question regarding payment for him or his crew.
IF the DP took the footage home (for some bizarre reason) and then "lost" it and is trying to cover himself because of it, then maybe there's a case here, but beyond that very improbable situation, I am forced to wonder what is truly going on here.
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com
According to a post on another messageboard she got a settlement
of $4,000. She mentioned something about damaged floors caused
by c-stands so I think there is more to this than she is saying.
I hope she returns here to fill us in. This is interesting stuff.
=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
quote:
Originally posted by certified instigator
so I think there is more to this than she is saying.
There usually is.
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com
Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com
