Legal Question in Entertainment Law in California

Re: film producer credit issue

Verbal agreements typically can be enforceable. Of course, one of the problems that arises out of verbal agreements is the issue of just WHAT is the agreement. If the agreement is not documented in advance, you may think it includes certain things that the other parties do not think are part of the agreement and vice versa. Or, people's memories can get a bit fuzzy as time passes. Therefore, it is important in any deal to document the deal as soon as possible.

In the Industry it is not unusual for the contract to be written during or after performance has begun.

With respect to your particular issue, you have already performed and been paid. The question about diminishing your credit is not clear. In what way(s) are they acting to diminish your credit?

I would be happy to discuss this matter with you if you like

J. Caleb Donner

805-494-6557

Re: film producer credit issue

The question is really whether YOUR verbal agreement will stand up in court. Generally, verbal contracts are binding, provided you can prove what the contract was. However, certain agreements must be in writing to be binding.

Although producer agreements need not be in writing (and frequently aren't), what will be enforced in such an agreement varies. As to credits, if you don't have it in writing and can't prove what your credit was to be, a court would probably not enforce the credit.

In particular, once the credits have been shot and put on the film, it is very unlikely that any court will require that the credit be changed. This is true even where there is an enforceable written agreement, and sometimes even when the person is a union member. A court may award monetary damages, but will rarely enjoin the release of a film (which is what would happen if credits were required to be changed) once it is in release form.