Legal Question in Entertainment Law in California

Documentary tape ownership dispute

A friend of mine asked me to

accompany him on his first feature

film shoot as a documentary

filmmaker to get the behind the

scene moments. I asked for a

payment from the producers pitching

to them that it would be great for

their dvd as the behind the scenes,

the producers said they couldn't

really pay me but gave me enough

money for my travels and food (no

hotel though). I also filmed the whole

thing on my own equipment. On top

of filming the doc, they asked me to

work additional jobs not related to

the documentary, such as gripping,

PA'ing, and I shot an infommercial

scene for their movie out of my own

pocket. Now over a year has passed

and they demand the footage I shot

saying they own it because the initial

movie I was documentary is their

property. I refused to hand it over

because it the tapes are my property,

no contract was signed, and I want

to be compensated for the additional

work and expenses I lost helping

them make their film. They offered to

give me a percentage of the residuals

when the film is sold (yeah right

haha), but I wanted real money. Now

they are threatening me with

attorneys. What legal grounds do I

have?


Asked on 8/05/08, 6:04 pm

1 Answer from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Documentary tape ownership dispute

They may try to prove an oral or implied agreement and litigate against you. They may try to say they have other rights to the film. I have dealt with copyright and other such issues before. Your best chances of getting what you want is to have an attorney, in which case I believe this matter might well be negotiated. Otherwise, they will push you around. Please call my office to discuss this matter or send me an email. PS - Do not wait. Once their attorneys get started with litigation, you will have court and other costs, and defense litigation attorneys will want significant money up front once litigation has started.

Regards,

Daniel Bakondi, Esq.

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Answered on 8/05/08, 7:57 pm


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