Legal Question in Entertainment Law in New York
right to exhibit
I have a problem regarding a short
film I wrote & directed in NY- that
was based off an event in the life of
the exec producer/primary financier.
First the EP claimed he was co-writer
which in fact is false, he should share
story by credit at best. I refused to
give in so he held back payment to
the crew. I wanted to do right by the
crew so I told him I would agree if he
paid them. Then he said that I don't
have the right to showcase the film
because he owns it - mind you I was
never paid for my services for writing
or directing and actually shelled out a
few hundred dollars of my own for
which i have receipts. Finally I offered
to pay for post production and he
agreed I could show the work in
limited capacity, but said even if he
sold the film or the story (its a bigger
tv series idea), I can't recoup my
investment. At best he's offering me
30% of his profits after he recoups.
He's made physical threats upon my
life if I don't sign to ourproducer and
sent out a letter slandering me with
false accusations which I can refute
with email proof. I'm just want to
walk away, but I still want to be able
to exhibit the short if I finish it
myself. Do I have that right?
3 Answers from Attorneys
Re: right to exhibit
The kinds of issues you raise are, unfortunately, not uncommon and are the reason why it is critical to have agreements in place before you start. The problems you are having can not really be addressed in a bulletin board like this, but there are a couple of points that might be helpful.
The credit issue is really a copyright ownership issue. If you truly wrote the screenplay by yourself, then you own the copyright and would need to convey it to the production company. That appears to be what your EP is really saying--he wants to own the script, and rightly so if he intends to exhibit the movie. But generally, payment and credit is involved when a writer transfers rights.
If he is threatening your life, and you take those threats seriously, you should contact the proper authorities. Signing a contract under a physical threat of violence amounts to duress and could void the agreement.
It is not clear why he believes you should not be paid for your contribution, or that you should settle for a percentage of the profits when others are paid wages.
I would suggest you consult a competent attorney to advise you further.
Re: right to exhibit
The kinds of issues you raise are, unfortunately, not uncommon and are the reason why it is critical to have agreements in place before you start. The problems you are having can not really be addressed in a bulletin board like this, but there are a couple of points that might be helpful.
The credit issue is really a copyright ownership issue. If you truly wrote the screenplay by yourself, then you own the copyright and would need to convey it to the production company. That appears to be what your EP is really saying--he wants to own the script, and rightly so if he intends to exhibit the movie. But generally, payment and credit is involved when a writer transfers rights.
It is not clear why he believes you should not be paid for your contribution, or that you should settle for a percentage of the profits when others are paid wages.
If he is threatening your life, and you take those threats seriously, you should contact the proper authorities. Signing a contract under a physical threat of violence amounts to duress and could void the agreement.
I would suggest you consult a competent attorney to advise you further.
Re: right to exhibit
You need an attorney. Contact my office if you wish to discuss.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
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