Legal Question in Entertainment Law in New York
motion picture
a individual has obtained a judgement against us where they want to take the possession of original negative of a motion picture.. compliance with this judgement would require several million dollars...basically what the plantiff is doing taking over the rights..without paying for them..also what about the intellectual rights of the writer, director..? all these factors make compliance impossible and also we feel unconstitional.. if we are held in contempt.. does that mean we go to jail..or is there a fine.. how long could they keep us in jail ..(again is impossible to comply)
2 Answers from Attorneys
Re: motion picture
Contempt is fairly open ended, and it could be just a fine, or jail, depending on the Judge and the violation.
If the judgement was obtained without your response you should be able to open or reverse it with an explanation and a good counsel.
If it is truly impossible to comply than it should not be contempt, and your attorney should speak to the Judge and amend the order.
You need to get good counsel. There are many factors at play here and your explanation is far from complete. I would hire someone famliar with the Court and Judge who issued the Judgement. Now.
Re: motion picture
The proof that compliance would be impossible is going to be borne by you. If the judgment allows attachment or possession of the property you may find yourself in a complicated position.
I suggest that you get counsel and address this problem in greater detail.
Intellectual property experience would be a plus, and then he/she can assist you in addressing the issues involving the other parties.
If you wish, you may contact my office for a consult.
Good Luck
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