Legal Action

Azmyth

Azmyth

Veteran
I have a weird dilemma...

let me give you some back story..

2012 I was shooting a feature film. I cast an actress from NC, and as part of the deal I agreed that her friend, and his mom come along. They agreed to help on crew as he was a film maker/composer himself.
He was a big help, and the scene went off without a hitch. It was a pool party scene.

He loved helping so much, that he volunteered to do the score for us, for free.

He's an amazing composer at just 21 years old.

I gave him the film, we did our paperwork, etc..

A year later and 3 deadlines past.. and he's not done, and is not responding to any contact.

All the while he's posting to facebook, and working on his own movie.. that oddly enough now has scenes that look like direct rips from my film.
Scenes that I know were not in his film prior to that. (I have the script)

All of a sudden, he messages me after ignoring me for 2 months, to tell me he wasn't interested in scoring anymore and was quitting because he didn't have time.

So I lost an entire year due to this.

All the while he's ripping off scenes from my movie.

What do I do? I don't really have a case, because the scenes themselves aren't new ideas. I just KNOW that he got those ideas from me.
 
It's a very common story when it comes to people doing things for no charge.
Just drop it. He's not going to do it. You've waited way too long to replace him. Find a great composer who will do the job.

Not laying blame here, but this is The Problem with working on the kinds of budgets when you can't afford to pay people. The job doesn't get done. People don't show up.

He's probably ignoring you because you pushed him too hard and he promised more than he could deliver. Lots of people do that, so when that happens you've got to let them go immediately and replace them with people who do deliver.

Legal action because he's got scenes in his film that are reminiscent of scenes in your film sounds a bit much.
Look, there are so many films being made right now. Three times as many films per year as there has ever been. So many films in fact that none of them are unique.
You may have created the most unique snowflake of a film imaginable, but visit any festival it's playing and watch enough movies there and you'll find scenes reminiscent in at least a few of them.

I think you should just move on, find a new composer, and complete your film.
Forget about that guy.
 
I read the title of the post and thought this was going to be about a new blockbuster featuring lawyers having car chases, blowing things up, and jumping out of windows while shooting at...but, uh, like, never mind. I need my coffee. and yeah...as far as the jerk that's copying your scenes, you can't really sue him. What would you really gain by going after the guy in court?
BTW, If you go out and make a shoot 'em up featuring lawyers and call it Legal Action! I'm gonna sue you. or not. I'll probably just drop it.
 
Find another composer and don't wait a year for them to respond.

Does your contract with him cover publicizing your film prior to release or using the material for his own promotional purposes? If he is using actual parts from the film versus ideas or concepts (this includes camera angles or even dialogue), then he is breaching his contract plus using your intellectual property and not crediting you, and that could lead to serious legal actions on his part.

He may find himself in a difficult situation down the line and you can laugh about it and say, "well I'm glad I didn't pay him, what a mistake that would have been."
 
Just make sure your film is released before his so it will be obvious (at least to some) that he copied your ideas.
But, as has been mentioned, once an idea is "out there in the universe" you can bet that someone will "be inspired" by it (to put it kindly).
Ken
 
Andrius Simutis said:
I read the title of the post and thought this was going to be about a new blockbuster featuring lawyers having car chases, blowing things up, and jumping out of windows while shooting at...but, uh, like, never mind.
Click to expand...
FROM CREATOR JOHN GRISHAM...
****screaming "I said order!"****

AND DIRECTOR JOHN WOO...
****dual-wielding gavel ninjafight****

THIS SUMMER...
****all the semi-nudity in the movie****

THE DEFENSE...
****"objection overruled!" then gunshots****

WILL NOT...
****hero shot as burnt attorney adjusts tie****

REST.....
****slo-mo-splosions****
 
Last edited:
mcbob said:
FROM CREATOR JOHN GRISHAM...
****screaming "I said order!"****

AND DIRECTOR JOHN WOO...
****dual-wielding gavel ninjafight****

THIS SUMMER...
****all the semi-nudity in the movie****

THE DEFENSE...
****"objection overruled!" then gunshots****

WILL NOT...
****hero shot as burnt attorney adjusts tie****

REST.....
****slo-mo-splosions****
Click to expand...

I'm suing you right now.
Oh...and we need to have paralegals jumping into action out of airplanes!
 
I fully understand your fair grief: (I suppose you had your script registered in some way) go to Courts and good luck! :-)
 
It's a very common story when it comes to people doing things for no charge.
Just drop it. He's not going to do it. You've waited way too long to replace him. Find a great composer who will do the job.

Not laying blame here, but this is The Problem with working on the kinds of budgets when you can't afford to pay people. The job doesn't get done. People don't show up.

Now think how much worse you would feel if you actually paid the flake - not only have you lost all that time, but had the pleasure of paying for it! Because umm, people who get paid also flake out all the time - actors, writers, composers, you name it. Paying someone is not a free get out of jail card either, unfortunately. You need look no further than these boards to find the anguished cries "I paid him and he flaked!" - over and over again, common as dirt - and it's rarely worth involving lawsuits... you just end up having to chalk it up to unfortunate bad experience, and move on, hoping to do better next time on the lottery. Whee!
 
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