FILM OWNERSHIP: possible legal issues

P

PIMP

Well-known member
So here is the situation

I and my two partners worked with a producer on a horror indie. My partner financed it himself. We are 80 percent finished with the film. However our third partner ( the bad one) Decided to rock the boat and sabatoged one of the scheduled shooting days. The producer was furious and now wants nothing to do with my partner. So here is the situation. My partner has financed the entire shoot. However he unexpectdely decided he didnt want to deal with contracts. To top it off he paid for everything in cash. So theres no records of him financing the project. (Before you comment yes i know this was seriously stupid) The only thing i see going for us is they filmed the entire film at our partners warehouse and diner. So I am assuming they will need a release before they can think of selling the film. They own the story so are we scewed here?

If you guys can provide me your opinions or advice in the matter i will appreciate it.
 
My opinion is…talk to a lawyer. Probably not the advice you were hoping to hear, but it's likely the right advice.
 
There is one contract that was only signed by the producer. But my partners never got around to sign it. My partner financed the entire filming. However I am assuming if this goes to court he cant prove it because he paid with cash for everything. However they used his locals so he will need to sign a release form to allow his property used in the film, correct?
 
Depends on what happens with the film. Some distributors will care and ask for a release form. If this is never acquired by a distributor there will be no need for the release. Sounds like you've learned some valuable lessons. What kind of budget are we talking about here? I assume pretty cheap given all the lack of formality.
 
Stephen Mick said:
My opinion is…talk to a lawyer. Probably not the advice you were hoping to hear, but it's likely the right advice.
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Correct. Any advise you get here will be pure speculation.

Why must beginning film makers continually make these mistakes. Yes, it was only $10,000 but this could be your start up business. Treat it as such. Slow down. Invest the time in proper paper work. It is the cheapest insurance you can buy. Have everyone sign releases from locations to extras to featured talent even crew.
 
Talking with a lawyer as a moderator as well is the best way to go - but to add on to the hindsight advice for you and hopefully prevent this for others... The role of the producer is to also manage the contracts and legal side of the production. Everyone goes in being a "producer" to show up on set. If you're hiring a producer or working a revenue share deal with one, make sure they have the ability and desire to do the proper legal work required with budgeted filmmaking.

Michael
 
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