Legal Question in Entertainment Law in New York
Location Release
My uncle owns a second home in the Catskill region of New York. A major motion picture was filmed in the town of the home. There is a brief scene that was filmed on his property. A location release was never obtained from him to film said scene. He did not receive any notification or compensation that this was going to be done. The neighbors also had scene's filmed on their property and most likely did have a location release and received compensation for the use of their property. They may have given the impression that they could speak on behalf of my uncle. What legal rights does he now have after the fact, and what would the potential for monetary compensation include?
2 Answers from Attorneys
Re: Location Release
A location release is permission to enter onto a property and include images and signage that may be on the property and, in my experience, is always obtained by a film company wanting to shoot on the property. It is also intended to provide for insurance, property restitution and other aspects. No one has the right to grant access or permission to use the property but its owner or an authorized agent. Your uncle should be compensated. Please call for a free consult if you are acting for your uncle or have your uncle call.
Re: Location Release
The description you gave legally amounts to a trespass, which is a tort. Furthermore the fact that the trespass was for monetary gain makes it more egregious.
You may file a law suit for trespass and commercial use of your property without obtaining the proper releases...
the question to ask however would be what would such a claim be worth, all depends on the compensation given to other parties, as well as the level of use of your property.
Please feel free to contact my office further for a more in depth discussion of this matter. 2127098303
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