Legal Question in Intellectual Property in California

distribution rights

I loaned a student filmmaker some equipment in exchange for distribution rights to the film he was making in Dec 2006. I just found out that he has distributed this film on youtube without so much as giving me credit for the equipment rental. There was only an oral agreement because he was a friend of the family. Is there anything I can do to make him uphold our agreement or stop him from distributing on the internet?


Asked on 4/29/08, 10:18 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: distribution rights

TRy a polite letter reminding him of his promise, and asking that he remove it from the 'net until/unless you and he have discussed it.

From the sound of things, he's just trying to get it out there for folks to see, but if you hold the distro rights, he may be disappointed with the progress from your angle, etc.

If a letter doesn't work, consider court action, but be advised that small claims courts are loathe to issue injuctions.

Be aware, of course, that the tougher you play it, the less likely the family friendship will survive.

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Answered on 5/20/08, 7:44 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: distribution rights

Don't make oral agreements. You could go to small claims court for the fair market rental value of the equipment.

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Answered on 4/30/08, 2:12 am


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