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:
so...I spoke to an entertainment lawyer..apparently the producer and principal director has copyright to the footage but my concern here is that any possible distributor may still ask for a dp release form in which he could still hard ball me..

the lesson here: sign everything before anything!
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Yes... but right now... you've still got the problem of who is actually the director or producer. From all the information you've posted, I'd like to say you are, but your DP might not agree to that. It's going to be messy if you bring it to court..
 
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so...I spoke to an entertainment lawyer..apparently the producer and principal director has copyright to the footage but my concern here is that any possible distributor may still ask for a dp release form in which he could still hard ball me..

the lesson here: sign everything before anything!
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OK. So as I thought it IS in fact a work for hire situation. You OWN the copyrights.

Yes the caveat is that many distributors want to see all releases, however let's face it.... Since when are SHORTS getting traditional brick and mortar distribution???? Name one indie short that is sold in physical stores? I know someone who signed a distribution deal for a compilation of several shorts with Echelon a few years ago and as far as I know they never asked for releases. Furthermore I don't think they wound up getting DVD's into any physical stores. It was just Internet distribution. Nowadays physical stores don't carry hardly ANYTHING indie. Wal-Mart? Best Buy? Fry's? Forget about it! They only carry the hits! You're looking at Internet distribution only, which means NOBODY will require releases -- not Amazon Advantage, not Create Space, not Film Baby (if you want to get into NetFlix hopefully), not anybody. You don't need to be bothered with any traditional distributor. So if this DP doesn't want to sign a release it's no big deal. In theory if you ever NEEDED a release from him you could actually sue HIM. It's standard procedure that people sign releases. It's part of their duty when hired to work on movies. I had an actor who refused to sign a release and I was told by an attorney that if and when their refusal to sign a release prevents me from getting distribution I can sue this actor for damages.

So don't be pushed around by this DP.
 
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For what it's worth, this is actually a feature film, not a short. It's also a feature with recognizable names in the UK and a strong creative backing so has every chance of being bought (and of course every chance not to!)

However, what I've gathered now from talking to the lawyer and my own research is thus:

- I DO possess copyright of the film in terms of the subject matter and the script and the DP would have no ability to exploit or use the footage at all.
- However, in UK law, the DP would, it seems, have physical ownership of the footage shot and therefore without a release form signed could in effect stop any deal being signed or any broadcast of 'his' footage. Bear in mind I've paid for a service not for a release form and he could argue that he performed that service and has no right to release that footage.

The latter option would obviously result in a massive meltdown with his name being revealed and the film not being released, which is a lose-lose situation for both parties.
 
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Well, another option is to have a wrap-party in Midsummer (the county, not the season) and announce it's uncertain whether the feature will be finished, because the DP is holding the footage hostage.
My guess is that Inspector Barneby has something to do next morning ;)

(Nevada desert is way to far away from the UK... :P)

Anyway, find I way to settle it.
You can always flame him afterwards...
 
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richy said:
And damn, Nate, Gorilla, Cham, et al...I would certainly want you guys on my side of a disagreement. :eek: :)

[Edit]: qualified a statement.
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I can't speak for the rest of the ruffians, but I'm from NYC and we don't take kindly to backstabbers, wanna-bes, or sycophants concerned with their ego and ego alone. Bring em to the five points and Bill Cutting and I will show em what's what...
 
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However, in UK law, the DP would, it seems, have physical ownership of the footage shot and therefore without a release form signed could in effect stop any deal being signed or any broadcast of 'his' footage. Bear in mind I've paid for a service not for a release form and he could argue that he performed that service and has no right to release that footage.
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That is the craziest law I've ever heard. You paid for everything, you own the copyrights, yet he owns the physical footage and you can't make copies of it. Why else do people make $60,0000 movies? Just for personal enjoyment????? LOL. Just a ponderous law. Lawyers and judges are detached from the real world. Can you at least sue him for breach of contract if he refuses to turn it over?

Even if you have an indie long form movie, nobody in the USA anyway is getting physical brick and mortar store distribution any more. Everything is Internet now. This isn't 1995 any more. No Internet distribution requires any release forms. Of course if you can't get possession of your footage then you can't edit it to begin with.
 
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Jeeze. Its a lesson for all. No matter WHO you are working with get a release signed. I know a girl that had her own mother sign a release form when she made a music video. I think the worse people to work with would be friends and/or relatives.

I hope the op gets it all sorted out and learns a lifelong lesson.
 
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Blade_Jones said:
Yep. It's just part of doing business. If they take it personally then just say "It's because distributors require it."
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If somebody is going to give a director/producer difficulty over something as simple as signing a release, take that as a sign that they'll likely be difficult later in the production. Rid your production of bad seeds early!
 
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For some reason a page a half of this discussion got deleted so I'll update again:

I've got the footage in hard copy and am going to continue post-production all the way down to the finish line. At that point, the DP does have the power to blackmail me for whatever he chooses in order to get his release but I'll cross that bridge when I come to it.
 
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At that point, the DP does have the power to blackmail me for whatever he chooses in order to get his release but I'll cross that bridge when I come to it.
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Sometimes lawsuits are a 2 way street. Ask your lawyer if you could file a cross complaint for breach of contract to offset any lawsuit that he might file.
 
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eimajjjj said:
For some reason a page a half of this discussion got deleted so I'll update again:

I've got the footage in hard copy and am going to continue post-production all the way down to the finish line. At that point, the DP does have the power to blackmail me for whatever he chooses in order to get his release but I'll cross that bridge when I come to it.
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I suggest you do finish the film as you mentioned and absolutely IGNORE all comments and correspondence from the DP unless it is a letter from his lawyer. Make him pay to get a lawyer. Even then, the first letter is likely to be all bark and no bite. The step to file a lawsuit will cost the DP even more money -- a lawyer will tell the DP his case is weak for the money he's going to have to shell out.
 
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SO IT'S HAPPENED:

After him demanding to overlook and control post-production and me simply saying no, he's sent a long official email to me saying that he's not going to let me use the images, they're his, he owns them. Our relationship is now irreparable, I'm not sure of my rights, I need another DP to finish the shoot, the film is in jeopardy. Bugger.
 
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eimajjjj said:
SO IT'S HAPPENED:

After him demanding to overlook and control post-production and me simply saying no, he's sent a long official email to me saying that he's not going to let me use the images, they're his, he owns them. Our relationship is now irreparable, I'm not sure of my rights, I need another DP to finish the shoot, the film is in jeopardy. Bugger.
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Shitty. Sorry to hear that. I think you should take him to court. I don't buy this argument of his that the images belong to him.
 
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