Legal Question in Entertainment Law in New York
short film project without releases from principles
My cousin acted in a short film that the producers are now trying to submit to
festivals and are screening it on the internet. They never got her to sign a
release and now are claiming that her appearance on the set constitutes a
release. Is that possible?
She has written them a demand letter to get them correct her credits (some
intentionally misspelled and some left out) and repay some money she had
originally given to the project with the understanding, but no contract, that it
was a loan. They have rejected her demands.
Can she write letters to the festivals and the web hosts informing them that
that project does not have her release and that if screened legal action is
likely? They are trying o intimidate her and that seems to be the only way the
producers will act appropriately.
2 Answers from Attorneys
Re: short film project without releases from principles
There is some risk of legal exposure for defamation anytime one writes critically of another to a third person. Apart from that, it is probably unlikely to cause the producer to reconsider. Empty threats of legal action are usually ignored.
Without a detailed factual review it is impossible to say whether her rights were violated. Suffice it to say that the normal practice is to obtain written agreements covering both credit and compensation, if any, before making appearances in a film so there might be an argument of waiver that the producers could try and make. Whether she loaned the funds, invested them or donated them is also going to be difficult to establish without a written contract, though money issues tend to be somewhat easier to resolve if there is some evidence of payment and some commercial relationship between the parties. If she wants to pursue these claims, she should contact an attorney specializing in entertainment litigation matters.
This reply is in the nature of general information, is not legal advice and should not be relied on as such.
Re: short film project without releases from principles
Something doesn't make sense. Was your cousing paid for her appearance?If she wasn't and there was no release then there is no right to air the piece if the producers are profitting from the work. If the production is part of a bonafide documentary or is newsworthy, there is no need to obtain a release.
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