A Legal question about use of my footage

M

mushyosh

Active member
Hi guys,

Im new to the whole getting paid for my footage thing, but a problem has come up and im not sure how to deal with it.

Someone I agreed to film a documentary for, has gone berserk on me and Ive decided not to work with her. We were only about 2 weeks into shooting, and so far have not signed any contracts or documents. We were doing everything by verbal agreement and were going to write up an agreement on paper soon.

Anyway, we've decided to split, but she is claiming that all the tapes and footage i shot are her property simply because th documentary was her idea. Here is the thing: She hasnt paid me, i bought the tapes which have not yet been reimbursed by her, and i filmed everything. Legally, can she use any of this footage without my permission? I mean, even though we havent signd anything, its my work right? If this stuff got edited by another person, and went to air on TV, she surely would have to have my permission to use the footage?

If anyone could help me with some sort of technical legal jargon i could quote to her, then that would be awesome. But at the moment, im just trying to find the tapes she has hidden so I can get the hell out of here!

What should I do? Sign an agreement releasing my material to her, for a cut if it goes to air? Or simply sell her the tapes and say she can edit them how she likes?

Thanks for any help. Appreciate it.
 
Y'know, it's pretty rare for someone to come on the forums and say "I have an oozing wound, what should I do?" because they know instinctively that all we're going to say is "dude, go see a doctor, right now!"

Yet people ask legal questions all the time and they don't want to hear the answer, but the answer is: go see a lawyer, now.

Nobody can answer your question. There are so many things at work -- first of all, you're in Hong Kong, which is a province of communist China, right? I can't even begin to imagine how U.S. laws would apply to you.

Secondly, even if USA laws applied, you've stepped all in and around and through all sorts of things. If she had paid, your relationship would probably be one of "work for hire" which means that yes, she owns all the footage. Whether there's a written agreement or not, there's verbal agreements, and verbal agreements are binding. Because she hasn't paid? May not apply now. Maybe you have the equivalent of a "mechanic's lien" against the work, I don't know.

Only a lawyer can answer what you can do. And only a lawyer who understands the law in the jurisdiction you're living in, and the jurisdiction under which the agreements were made.
 
In the states, the doctrine of quantum meruit may apply to your situation

Basically, when one person employs (impliedly or expressly) another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to the workman that he will pay him for his services, as much as he may deserve or merit.

Usually this is determined by the fair market value of the services.

I'm not giving legal advice but this can be guide to an approach.

However, get thee to a lawyer as Barry says.

You are in a foreign country and different laws apply.
 
a laywer would know, but somewhere else there is a thread on a similar situation.

Where someone left the ad agency they've been using for the past 10 years. that also designed the logo for them, and because there was nothing about copyright in the contract the designer retains copyright, and they had to stop using there logo if they left the ad agency.

Again NOT GIVING ADVICE, but copyright should be with the creator of the work unless specified differently in a contract shouldn't it?

- Derrick
 
Again, that brings up the issue of "work for hire"; if it's a work for hire then the copyright vests with he/she who did the hiring, IINM. But without a written contract, things get fuzzy. And without payment it gets even fuzzier!
 
Mush, You gained something more valuable then the money you could get for 2 weeks work. You got a schooling in doing business.

I don't usually make clients sign a 10 page contract, because there are always situations that would have needed an 11 page contract! :)
I usually have a 1 page estimate with a bunch of disclaimers about an hourly rate for anything over the estimated hours etc, etc, etc.

But never shoot your first scene till you at least have an e-mail with info on rate and expectations.
I wish you luck.
 
Here's my legal speak: Caveat Videographer or Accipere quam facere praestat injuriam.

But, the truth is that you have the upper hand, because she has something to lose. In the US, you can sue someone for anything. You can't always win, but you can always sue. Nobody likes a lawsuit hanging over their heads.

In addition to that, imagine what happens when she sells the project to, lets say, a US cable TV network, and you send them a cease and decist letter. The big boys don't want to deal with clearance issues. You'll either get a big paycheck, or more likely, her production will be pulled off the air.

The reason she's pulling a power play on you is because you hold all the big cards.
 
ProfessorU said:
In the US, you can sue someone for anything. You can't always win, but you can always sue. Nobody likes a lawsuit hanging over their heads.
Click to expand...

A suit brought without reasonable basis is subject to an award of costs and attorneys fees in every state

You are correct in that you can sue, but sue with no colorable claim and you are likely to get nailed

That so called "frivolous" suit is more likely propaganda than grounded in fact
 
If you want to walk away and let her have the tapes etc, it's a done deal.
But if you don't want to walk away then the best thing you can do for yourself is talk to a lawyer.

My wife is an attorney and she is constantly getting cases where someone tried to go it alone or get advice off the internet and dug themselves a deeper hole than if they would have talked to an attorney in the first place.

I think everyone is pretty much in agreement that you need to talk to an attorney about your options.
 
Option 1. Talk with an attorney and you might win.
Option 2. Talk to my friend Guido, and she will loose! :)
Just kidding. But I hope readers of your problem learn a valuable lesson.
 
Hey, Ted, I have a problem I'd like Guido to solve. ;)

I hope you post back with some positive news. China is the intellectual property armpit of the world.
 
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