Legal Question in Intellectual Property in Georgia

I have a client that I did some editing for. He shot the footage, and I edited it. I should also mention that he was a "friend" that I started helping out!

Anyways, the project was a reality show he was trying to get the networks to buy in to. So I edited it making the �star� look like a jerk, then a family guy, then a greedy guy, then back to an ass/family guy, etc. I turned the story every which way I could! This went on for over a year with changes after changes after changes. Finally I told him that I didn�t have the time to do this anymore since I was doing it as a favor. He told me that if I edited 10 episodes he would pay me $X. So, I did it. I sent him a DVD for approval, and then I didn�t hear from him. I trusted him (my mistake for trusting even a friend). I guess the lesson is payment enough!

I emailed him and said if he wasn�t going to pay me then I was gonna use the project for my online and DVD demo reel. He replied to that with threats of lawyers and stealing his material, etc! Well, I have the original tapes, email correspondence where he said he would pay me. He said he would pay me himself if he couldn�t get the cash from his client.

Now I am trying to get him to pay up again, and it doesn�t look like it�s gonna happen. So my question is�can I legally use his footage in my demo reel? I edited the work, and I even have the master tapes. If I post it online, can he sue me? Is a threat of a lawyer just an idle threat? I never signed a non-disclosure, or any contract! I have sent invoice after invoice.

In fact, he told me that the client was gonna pay him for the work, but didn�t want to give the client the DVD cause he is afraid that the client will release it and screw over my �friend�. Should I contact his client and go around my �friend�? Tell him I will send the DVD if the pays the invoice?


Asked on 6/08/10, 2:18 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

You most likely do not have the right to use the footage unless there was an agreement that the ownership of the footage was somehow contingent upon full payment, which it doesn�t sound like there was. However, you would almost certainly have a breach of contract claim for the unpaid amounts.

I'm not sure I understand your second question. You don't have the right to transfer the footage to any except your "friend."

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 6/09/10, 8:23 am


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