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.
I want to take over control of post production and hire an editor here in New York to help me finish it. The film 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! Next time, I'll definitely get all of this established in writing ahead of time!
A. for actual legal advice you need to speak to a lawyer. It seems to me
you may have a legal claim but I am a director not a lawyer.
B. That's a tough one. There isn't much you can do when someone does
not respond. As to the legal question - giving up any legal rights by not
responding - I would say no. But I do not know the actual law.
All you can do is keep trying. Perhaps if you do not slip in anything "legal"
into your conversations (rights, claims, contracts) but keep it on a personal,
friendly basis he may agree to hand over the footage to you. Give him a call
and say,"Hey. I'm thinking I'd like to try finishing up our project. How about
sending me copies of the footage and your current cut? Maybe we can get
this thing out there."
Obviously if you need to resort to legal methods we fellow filmmakers can
only guess - you need a lawyer for that.
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
Depending on any paperwork signed between you and John, you should have a claim. That said, it's probably not worth going to court to fight for your rights, so you should hire an attorney to negotiate for you. The fee will be a couple of thousand, on average, but it may be worth it.
Where are you located?
quote:
Originally posted by Aspiring mogul
Depending on any paperwork signed between you and John, you should have a claim.
quote:
Originally posted by SDS6
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.
I'm curious about your take on his questions knowing that there
is no contract or paperwork signed between them.
=============================================
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)
CI,
They may not have had a formal contract, but under the laws of England, Canada, and the US, known as the common law, if they even exchanged emails or wrote something on the back of an envelope, that could constitute a contract. Furthermore, if one party sends an email and the other acts on it, that could also be a contract.
I should not have said, "signed", because they don't need to sign anything. I'll give two examples.
I said that, if they exchanged emails, that could constitute a contract. So, if producer sent an email to director saying, "let's make a movie and split the money", and the director replied by email, "you bet", then they have made an enforceable contract.
Furthermore, I also said that, if one party sends and email and the other acts on it, there would also be a contract. So, if the producer said, "let's make a movie and split the money", and the director made the movie, then they have still made an enforceable contract.
Good info to know.
What if the first party (John) does not respond at all? Does SDS6 have any recourse at all?
=============================================
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)
John will almost certainly not respond, so SDS6 will have to get a lawyer. That said, if the project is worth nothing, then it's not worth getting a lawyer.
I'm thinking SDS6 will never return but I'm still curious.
If the producer (50% owner by verbal agreement) were to have the
footage and directors rough cut and choose to finish the project,
could there be legal ramifications to the producer? I know anyone
can sue for anything, but I'm wondering if the writer/director (who
had no post-production agreement) take legal action against the
producer who finished the project. Assuming, of course that the
writer/director was properly credited.
=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
The producer would probably still be liable to the director for some of the profits. But this is a general answer and will not apply to all situations.
