Legal Question in Entertainment Law in New York
not getting paid
I am a video editor who worked on
an episodic network show that is
airing now and I have not yet been
paid. I did not sign a ''work for hire''
agreement or any kind of release.
Does nonpayment
cast doubt on the rights/clearances
to broadcast the shows? Thank you.
3 Answers from Attorneys
Re: not getting paid
If you made a substantive creative contribution to an episode you may be able to assert a copyright claim but that may be a bit of an uphill climb. Your better bet is to take them to court. Even if you didn't sign a contract you have a claim in what is called quantum meruit. There may be other causes of action to bring as well. If you'd like to discuss your mattter, please call me (at no cost).
Re: not getting paid
Your case is a prime example of why one should retain a competent attorney before entering into any business arrangement. A proper contract would have both defined and protected your rights. Without such instrument the burden of proof will be upon you to show that your contribution enhanced the value of the product.You may contact my office for a consultation to further discuss your options.
Re: not getting paid
Was there a contract? Are you an employee or an independent contractor?How much did you and others contribute to the work? There are factual questions I need answered to really respond.
If you were an author, obviously you can assert your copyright rights. If you are not, but are an unpaid worker you can sue for the money owed.
It is also a practical tactical question as to how go about fighting for yourself here. Obviously, if you are really a coauthor, and you assert copyright ownership, that will likely get more attention (because amoung other things it makes this a Federal Case) and may be a better way to get what you want. It must be real however, and I can't tell that unless I get more facts like the answers to the above questions.