Am I being screwed here?

E

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!
 
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eimajjjj said:
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!
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Without getting into your legal and banking issues, it sounds like you've acted more as a producer in actuality. Take the hit, credit him as director and finish the project with a lesson learned. Yes, his ego is threatening your production, but don't let yours be the final death blow. Written and produced by is not bad credit. An uncompleted project with your name on it may haunt you with the associated gossip.
 
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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.
Click to expand...
Who is financing this movie?
Is there a written contract? You said "as you signed NO contract"??? I'm not sure what you mean.
What was the original agreement?
I can tell you that it is not uncommon for the DP to suggest lots of shots. But the director is still the director. Who yells "action" and "cut"? Who has creative control of the actors? These are the kinds of things a director does.
If I were you I'd say whatever you gotta say to make him honor his promise to complete his work. Then when it's all done and shot, change your tune. He will make a big stink, but in law the only thing that matters is what was the ORIGINAL agreement. You can't suddenly give him the director credit in consideration for nothing. You can document those payments to him can't you? Do you have a PayPal receipt? That's legal consideration that demonstrates that a work for hire situation was in place.
In the future always get releases for EVERYONE including all crew. The release should transfer copyrights to you because a movie is a joint creative work made by the art department, director, DP, actors, editor, musicians, etc. All of these people contribute "art" to look and sound of the movie.
 
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The thing is it's not like I haven't directed it! I've rehearsed with these actors numerous times before the shoot, I've told the DP what shots I'd like. I've blocked scenes. He has done more than he should have as we had a small crew and he's very experienced but turning round 3/4 into the shoot and say 'I want this to be my film' seems morally wrong yet legally possible?
 
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Wow, sounds like an insecure DP who thinks he needs a director credit for people to recognize his work. Good luck.
 
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Blade_Jones said:
Who is financing this movie?
Is there a written contract? You said "as you signed NO contract"??? I'm not sure what you mean.
What was the original agreement?
I can tell you that it is not uncommon for the DP to suggest lots of shots. But the director is still the director. Who yells "action" and "cut"? Who has creative control of the actors? These are the kinds of things a director does.
If I were you I'd say whatever you gotta say to make him honor his promise to complete his work. Then when it's all done and shot, change your tune. He will make a big stink, but in law the only thing that matters is what was the ORIGINAL agreement. You can't suddenly give him the director credit in consideration for nothing. You can document those payments to him can't you? Do you have a PayPal receipt? That's legal consideration that demonstrates that a work for hire situation was in place.
In the future always get releases for EVERYONE including all crew. The release should transfer copyrights to you because a movie is a joint creative work made by the art department, director, DP, actors, editor, musicians, etc. All of these people contribute "art" to look and sound of the movie.
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To answer your questions:

I'm financing it, there was no written contract, I call action and cut, I transferred money into his account. In theory as I wrote the entire screenplay I'd imagine he couldn't use the footage as that's copyrighted on creation in the UK but he could in theory say 'I won't release this unless you say I'm Director or X,Y,X'.
 
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I'm looking up some info... So far, I can't find an "Intellectual Property" release for Director of Photography, in the U.S. In some countries, like Mexico, the DP has the intellectual property right and you need to get that release. However, I don't know that you do. In the U.S. you are supposed to sign what is called a Deal Memo, which outlines the duties, hours, pay of the DP.

At any rate, I would do as suggested above and just be the bigger man in this situation - give him the director credit and you take the writer/producer credit. Perhaps, when he sees you doing something for the greater good of the project, he'll change his mind.
 
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I'd imagine he couldn't use the footage as that's copyrighted on creation in the UK but he could in theory say 'I won't release this unless you say I'm Director or X,Y,X'.
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I am still confused as to whether or not there is a contract, what it says and who has possession of the footage. ???
 
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To answer your question, yes.

I'm sorry this had to happen to you but its a good example of why we a) get a release from every crew member indicating its YOUR film before one single frame is shot, and b) take the tapes home with you every night.
 
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brettzdamn said:
Just let him think your going to give him director credit untill its all finished then once you have the footage in your hand tell him to :censored: off. :lol:
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This is a good idea.

If you can't pull this off, you could also somehow get a hold of the tapes and FIRE the DP and with the remaining 25% you've left, hire another DP and hope to salvage something out of this.
 
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he may have the rights to the footage itself, but does not have ownership of the script it was based on.

So he cant do anything with your film.

What he can do is throw a huge fit and gum up the works.

Hire an html programmer, theyre plentiful. Tell them to create an SEO treatment of the guys name, they'll know what that means. Fan out an array of no more than 7 cheap subsites. On each page just tell your true story in a one page format.

For a few grand, what this will accomplish is to flood the first page of google searches of his name. Each site listed on that page will be a link to your story of how he tried to hold your film hostage and manipulate you via threats.

Now he is unhirable worldwide.

You have the right to do this legally as long as you are telling the absolute truth.

You can then offer to allow the page to expire in 6 months if he accepts proper credit.

Before taking this rather aggressive route, consider carefully the other guys side of the story.

Technically, in the business world, you are at fault here. Contracts are mandatory in all situations. I'm sure the reason for this is incredibly clear on this day. If you left unsaid that you planned on accepting the director credit then this is a very different situation. He has technically played the role of director here. If you didn't discuss it at all, you may loose that credit.

If this guy knew you were director from day one, and is trying to totally screw you, do the above, and get a lawyer.

The lawyer will tell you what I just said about the contract, but he might also rattle the guys cage enough for him to cough up your reel.

Before anything, just try to negotiate calmly and intelligently with him. If you reach an impass, see above.
 
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Scoopicman said:
Or this!!! If this is a bad guy, perhaps he shouldn't get his way. Either way, I feel for you. Good luck.
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Agreed. My only concern is him blowing up the project and taking what's in the can until it can be resolved, sometime in 2014. If you were in post, at least it's done.

The OP has made some giant mistakes and the DP is taking full advantage. What a mess.
 
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I don't know how UK law works but in the USA, if there is no contract, you can still be the owner of the DP's copyrights if you can demonstrate that a work for hire situation was in place. For example if you paid the DP, you paid for everything else, you paid to rent the equipment, you made all of the arrangement for the shoot and set the hours then if push came to shove in court you would win. That's a work for hire situation -- he's not working as an independent contractor.
 
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Does anyone know the UK stance on this?

As I said, I still owe him 25% and he can't actually do anything with the footage as it's my script but he could in theory blackmail me into anything as it's his footage right now.
 
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