Legal Question in Business Law in California

Unclaimed Prints Left at Film Lab-Legal Claims

We have over 800 films and videotapes (some

over 10 years old) unclaimed by filmmakers at our

lab. We have nothing on our client order forms

that allow us to keep the materials after any set

time. What is our legal responsibility to these

films?

Since the media materials were not paid for or

picked up is there a common law statute that

would allow us to keep or donate the materials to

another organization?


Asked on 12/03/01, 1:07 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Unclaimed Prints Left at Film Lab-Legal Claims

I will start out by saying I don't know the answer. I recall researching a somewhat similar issue for a manufacturer that had obsolete customer-owned tooling in its possession. As I recall, the research indicated that the tooling could be scrapped after a diligent effort to return it and after the expiration of whatever period of time no reasonable person in that industry would believe the tooling had value or should be retained.

I do not know what is a reasonable holding period in your business. You might make discreet inquiry to see if competitors have a policy or even perhaps have something written into their contracts regarding unclaimed customer materials.

I would be very cautious about donating any material because of copyright and privacy issues.

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Answered on 12/03/01, 1:36 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Unclaimed Prints Left at Film Lab-Legal Claims

Statute of limitations on a contract is 4 years so I would say it is safe to dispose of the material after 4 years since it would be too late for them to sue you. I would also consider posting a policy to cover this in the future.

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Answered on 12/03/01, 9:27 pm


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