Refused release form

C

catapalla

New member
Hello everyone,

i'm producing an independent feature in London, a micro micro micro budget, which i'm financing myself. All the actors and crew have signed the release form so far except one, whom the 3rd ad has forgotten while on set. Now that specific actor was happy to accept the part, he's read the script (just 10 seconds screen time), he accepted it and was enthusiastic, he came on set, did his job with nothing going wrong on set (can you believe it?), then when i realized he did not sign the release form i sent him one, alongside with a request of invoice so i could pay him. He now says he does not like the quality of his performance, he will not sign the release form and will not seek any payment for it!!!! I am gutted as he showed no sign of discontent at all, at any time. What can i do? All is documented on email. That little scene has cost me 14 people crew for a day, a posh hotel room rental, equipment and so on... and i don't have a budget to re-do it again. Please tell me what's possible. Thank you.
 
Ask a lawyer. You're far from screwed, but a lawyer's the only one who can tell you what you need to do to get things fixed.
 
The release is simply the release that allows you to exploit his work, the contract even if verbal just made sure he was there for the shoot. If he didn't sign the release, then he's entitled to prevent you from using his work. The contract then becomes somewhat pointless. The entire point of the release, which is usually part of the contract is to give you control. You can't take him to court, as he turned up and did the work agreed. I'd advise you to attempt to try to talk him into it - but otherwise you are stuffed. If he knows your project is about to crash down because of the costs involved in a reshoot - and it's his fault, and everyone will know it, he may come round. I'd suggest making sure he knows the failure is his fault and see what happens.
 
I would say your options are few.

1. Convince him to sign. Coerce, cajole, beg, bribe, whatever.

2. If he won't listen to you, then find someone he will listen to.

3. Composite in a talking ficus tree over him in all scenes, and have another actor dub his dialog.

4. Scrap the whole thing and re-shoot. Consider.....I mean just CONSIDER.....suing him to recover the costs of reshooting. If you decide to try and sue, consult a qualified attorney first. You may not have a good case. Don't tell anyone you're even THINKING of suing him until you've decided for sure to do so.

If you decide to reshoot, and you WANT to use this actor in the reshoot, then make SURE you have his signed release before shoot day #1.

This is a hard lesson learned. Getting all the paperwork in order and properly signed before shoot day #1 is absolutely critical.
 
And whatever you do, don't badmouth this actor to anyone in the production or in the business. All due respect, it's not his fault that you didn't get a release signed before shooting. Yes, he's being a pain and causing huge problems. But as bad as he looks, you will look even worse for not having your ducks in a row. (Which might be a very good reason NOT to try to sue him.)
 
I would follow paulears most EXCELLENT advice and learn my lesson: release forms are signed BEFORE we shoot. ALWAYS :)

You only have one chance to change this guys mind and you better be a good diplomat...

best of luck!
 
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