Legal Question in Entertainment Law in New York
Independent Documentary - Contract Breach Issues
Two months ago I signed an agreement
to write, direct, shoot and edit an
independent documentary. I drafted
the contract based on a boilerplate
director employment agreement.
Pre-production began a few weeks later
and went as scheduled. The Producer
paid me for two weeks of services plus
expenses, and wrote a check to the Line
Producer to cover the rest of pre-
production.
We were suppoed to commence
production this week, but the Producer
has disappeared and will not return
phone calls or emails. I recently got a
call from the Line Producer that the
pre-production check has bounced,
after we already spent the money.
The guaranteed minimum in my
contract and the money owed the Line
Producer add up to around $10K. I'm
looking to recover that amount,
preferably without losing the bulk of it
to legal fees. Any ideas would be greatly
appreciated.
2 Answers from Attorneys
Re: Independent Documentary - Contract Breach Issues
You need to have a Collection action started which we could initiate for you for a minor retainer fee upfront. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
Law Offices of
STEVEN J. CZIK, P.C.
The Soho Building
110 Greene Street, Suite 1102
New York, New York 10012
212.413.4462
The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.
Re: Independent Documentary - Contract Breach Issues
One would have to review your agreement to ensure you had a breach of contract cause of action. Assuming you did, your damages would be the balance of the amount owed to you (the line producer could either join you or go after the producer independently). But even if you didn't have an enforceable agreement you are in a position to recover the value of your services. Okay, so that's the basic law. Practically, if you want to prosecute a claim you should consider small claims court where you can bring an action for up to $5000.00. This is their handbook:
http://www.nycourts.gov/courts/nyc/smallclaims/pdfs/smallclaims.pdf
The real problem may be finding the producer but there are Internet resources you can use if he doesn't have a readily available address. If you do, perhaps you can send a letter informing him that unless you get paid, you will take the matter to court. Another possible tactic would be to place a lien against any assets he owns that may be part of the project. For example, if you shot footage, conducted a site survey, wrote a script or have research notes that are no longer in your possession you may be able to prevent him from using such assets should he attempt to produce the film in the future. Lastly, you could go on Internet bbs and describe your experience with the producer to warn others. If you do this, just make sure you state facts or opinions and identify each as such.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
