Legal Question in Entertainment Law in California
I am doing a television show where the production has the right to 'book or release' me if I get offered another job. If they do decide to book me for specific dates I understand they can also shift those dates (with proper notice) throughout the shoot if they are not used.
Now...If I get a second job offer - can the production shift unused days that were originally triggered by the 'book or release' clause to the dates offered by another production?
For example:
I'm on 'Book or release' with show A.
Show B wants to book me sept 14,15,16.
Show A decides to exersize their 'book or release' and books me for Sept 15 (effectively blocking my oppurtunity to work on show B).
Show A gives me proper notice that they won't be needing me for that date after all and wants to save it for later.
Show C (a new show) wants to book me for October 3rd.
However, show A wants to use 'Book or Release' for October 3rd.
Can they slide the first date they aquired through 'Book or Release' to cover the new one? Or...Is it a new day and if production A decided to not use me again they would now owe me 2 days?
1 Answer from Attorneys
This really depends on the wording of the contract giving you the book or release provision. Ask your agent for an interpretation, or have a lawyer review it and give you some good advice.
If the "book" part of "book and release" is a guarantee, then once booked, it SHOULD be a use-it-or-lose-it day... but this is tricky stuff, so a lawyer would have to see the contract to be give meaningful advice.
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