Legal Question in Intellectual Property in California
My rights for my film
I am a filmmaker, I made a film four years ago, and at the same time, my mother passed away. I was not able to edit and complete the film. It was in a lab for four years. I picked up the film a few Months ago, and a guy that was a friend, and worked on the film for 2 day, emailed and told
Me he wants to help, and he is putting some film into post production. He took my film, and after a month, I wrote him to ask if he had done anything, he replied and said no. I asked for the return of my film, and he has refuse to return it, and has been evading me for four months. He is now claiming I gave him the film, there is no legal documentation to support his claim. He is stealing
My film, and holding on to negatives my film and preventing me from showing people my reel, and actions are potentially, costing me notoriety for my work and jobs. I have emailed exchanged with that shows he has been willingly deceptive.
What are my rights?
4 Answers from Attorneys
Re: My rights for my film
You are well within your rights to sue this individual for legal damages and/or prompt return of your personal property thru an equitable injunction. If you would like further, affordable assistance in this matter, contact us directly.
Re: My rights for my film
It is trespass to personal property, as well as fraud, deceit, and common count. Your solution is to sue. If you need the film back and you are ready to hire an attorney, give me a call.
Re: My rights for my film
I assume you paid the lab in full when you retrieved your film from them, and that this individual has no connection with that lab. It is fairly common for post houses to place a lien on property until their bill is paid, but from what you indicate, this person or company has done nothing and you have no paperwork with them. If what you say is accurate, you are being scammed and should not only bring a civil action but immediately report him to the district attorney's office.
Re: My rights for my film
There is a lot to this situation that would have to be analyzed in order to give you sound advice, such as understanding how your "friend" benefits from holding your film. You can always hire an attorney to send a demand letter to encourage him to behave according to the law and return your property, but if he is not worried about pre-litigation tactics you will have to sue. You have the right to have your property returned but it is important to lay out all of the details of this matter for a clear understanding of what causes of action you have and anticipate his possible defenses, if any.
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