ASK & DISCUSS INDEX

12 years, 6 months ago - Andrew Mills

It depends on the amount of money in question. Assuming it's a small amount and there is no company then (as Marlom suggests) find out who the individuals are (full names and addresses at a minimum) then go to small claims. Hopefully, they'll respond to receiving a claim in the mail and if they end up with a judgment recorded against their name(s) they will find this extremely inconvenient.

Small claims is your best option - no need for lawyers and you can always engage bailiffs to enforce a judgement. But to be honest if it gets to the stage where you have judgement and they aren't responding then chances are you'll never see any money.

Final piece of advice. Set up a google search alert for the feature's name (and the production company). That way if any future screenings of the feature are announced you will know about it and can take appropriate action prior to the screening (I.e.: complain to the premise, protest the screening, etc) - and make it sufficiently difficult for them. Maybe if you're annoying enough they'll pay you to go away.

Good luck!

12 years, 6 months ago - Tyrone D Murphy

Hi There, you certainly can take action, and without a solicitor/lawyer. I would be interested in knowing what the amount this was for as it will dictate which court you can use.

You can start straight away by issuing a statuary demand to the Producers and the trading as company, this is what I believe they have done. They simply trade in a company name without a company being registered. If your contract stated they will only have chain of title/copyright when they pay you they you can stop distribution of the film in its tracks.

I am a well known litigant in person, a former fraud investigator and write a blog helping people like yourself. We can also cover this in the Universal Film Magazine www.ufmag.biz so this should help you out. My number is +44 7779977769 so give me a call

Tyrone

12 years, 6 months ago - Franz von Habsburg FBKS MSc

It could just be that he can't pay as he has no money, and any income from distribution has firstly to go to pay preferential creditors, ie VAT or tax etc. but he should at least have the courtesy to tell you where you are on the list.

12 years, 6 months ago - David Graham Scott

I agree with Bill, name them and shame them. I did that to a bogus producer who lead me a merry dance. He said he had raised over £20k through various charitable funding bodies and we were ready to shoot a short film I had written the script for and would direct. Various crew were ready and we even had a set built. The guy suddenly stopped coming to production meetings and when we needed money released he did a runner.
Turned out there was no money and the little he'd shelved out was borrowed from his ailing grandfather. A total charlatan!!
I actually managed to find one photo I'd taken at a recce we'd done a few months earlier and he was in it. That was very useful when it came to the newspaper article that named and shamed him. He deserved it and I know it affected him badly from the sobbing voice I had on the phone one evening.
You should do the same!!
Cheers
David G Scott

12 years, 6 months ago - Vasco de Sousa

Happy New Year.

Can you confirm that the company received the invoice? Did you specify what payment methods you accept in the invoice?

Look at your invoice and make sure there are no errors in it. And see if they might have misunderstood anything.

Perhaps they aren't cheating you, they just are clueless about how to pay people. Or, they could have sent the money to the wrong account (it could have also got lost in the mail). They may have taken the contract from somewhere else and not understand their obligations. (which is no excuse, but understanding the cause of the situation might make the remedy easier.)

Keep the contract and the invoice and any other details you might have. And, try simply asking first, it may all be a human error.

Then, if the amount is worth getting legal representation, there are other channels to go through. Small claims court may still be worth it, as you can then have the legal power to hire someone to go after the money.

I would not suggest going straight to social media as if you get something wrong, you could be slandering someone. (If they are really crooks, they may have been operating under a false name, or someone else's name.)

12 years, 6 months ago - Daniel Cormack

Copyright of footage is vested in the director and the producer of the film. A director of photography / camera op etc have no copyright in the footage they shoot unless they are also the director and/or producer of the film - so what it says in the contract is meaningless as you have no copyright to hand over on receipt of payment. All you can do is physically withhold the footage, although it sounds like it's too late for that.

It is a common misconception, but unfortunately does not help you in this case.

12 years, 6 months ago - Yen Rickeard

So many possible routes. It is your decision. But here are tsome caveats
His reputation is at stake - so is yours. The balance between righteous indignation and bloody minded litigant is fine, and other folk will be making it, without knowing all the facts.
Assuming you have full credits on the film, spoiling its chances of being seen also spoils the chances of your credit being seen.
A face to face with the guy concerned, backed up by witnesses/others who haven't been paid, is probably best. He may not be able to pay- not having made any money from the film. But if he promised to pay he should pay. Point out how much he has damaged his reputation by promising and not paying. From his reaction you will know whether to treat him as twit or viliain. If villian tell him that you will take him personally to court, and that you will make the facts of the case widely known. If your facts are correct and verifiable (see contract) you cannot be sued for liable of defamation if you do.
If he still doesn't pay up, weigh up whether £2k is worth the hassle and possible fall out on your own reputation.
Sorry to sound a gloomy note - you did all the right things. Good luck with it.

12 years, 6 months ago - Franz von Habsburg FBKS MSc

Do contact me offline at franz@imperialfilmproductions.com if you like. My writer colleague also happens to be an expert on film contracts. We could do some digging for you in strict confidence, and in case you don't have IMDbPro I could do some searching on there for you. Nil Carborundum ! Franz

12 years, 6 months ago - Colin Thomas

Raise it with BECTU, the film trade union. And if you aren't already a member, join now.
Colin Thomas

12 years, 7 months ago - Marlom Tander

You need a lawyer, but in essence there was EITHER a properly set up Limited Company, or there wasn't.

If there was, and that company has been liquidated there will be a trail and while the chances of seeing any money are remote, you would probably find yourself as a copyright holder. Possibly one of many...

If there wasn't, then HORRAY - the producers personal assets are in play, and it's time to turn detective in order to find and sue him.

Might I venture to suggest that there could be a (possibly black) comedy docu in recording your hunt. It will be a smash at festivals :-)

BLACK HAT TIP 1 - if you track him down and he's Can Pay, Won't Pay, convince him that you are taking it personally and so WILL commence bankruptcy proceedings on point of principle. Works wonders.

BLACK HAT TIP 2 - if all else fails, write to the Inland Revenue and (if he has any VAT businesses) Customs and Excise. They take the view that people who do people over have usually been a bit Starbucks with their taxes, but without being big enough to do it properly. NOTE - you can't threaten him with this, that would be blackmail, and possibly criminal.

12 years, 6 months ago - Anya Krasnikova

Thank you so much for all your advice, I am going to register with BECTU but they cant help me as I was not a member during the shoot.

I am 100% sure that he received the invoice. And I have also sent him a letter with everyone's invoices and a warning that I am taking him to court.

I spoke to citizens advice and they said if they don't find him they wont look for him but I may still have to pay the fee.
The amount is under 2000 including travel expenses, which have not been covered.

Another thing I thought may be worth doing is contacting the lead actors agent who is apparently a good friend of the director/writer/producer. I do like the idea of making it into a documentary :) it might be a nice project for the crew.

Anya

12 years, 6 months ago - Neil Oseman

As Marlom suggest, it's actually better for you if there isn't a limited company. I've been owed money by a limited company before and even after getting a County County Judgement through the Money Claim Online system (simple-to-use online version of the Small Claims Court - https://www.moneyclaim.gov.uk/web/mcol/welcome ) they didn't pay. Turns out they owed over £60,000 to various people so they just wound up the company and started a new one, debt free.

But if there is no company you can make a claim against the individual, and you can send round a bailiff to seize their personal possessions if they don't pay up. The possibility of this will make most people pay up. If they don't pay up you will have to foot the court costs yourself, but those will probably be in the low three figures (depending on the amount you're claiming). It's all pretty straightforward. There's more info online here: https://www.gov.uk/make-court-claim-for-money/overview

Finally, I'd be wary of the copyright issue. As I understand it, by default the copyright of any video material belongs to the person who commissioned it, even if they haven't paid you. It's possible the contract overrides this, but check with a lawyer before assuming the copyright is yours.

Best of luck.

12 years, 6 months ago - Bill Hayes

Sopcial Media! Those who live by it can die by it. Facebook, Linkied In and the blogsphere. Name them and shame them. Make sure they can't make another film. It's almost impossible now days to shoot a feature film without using Scoial Media - therefore leaving a huge foot print. If they don't and have copmpletely covered their tracks, false identity etc - then they could be guilty of fraud.

Go to BECTU - the film Union. Make sure that all the crew stick together and fight these people as one unit. Iagree with Andrew - do a google alert and then make it hell for them to enter the film into festivals, small screenings etc. if they have any decent distribution you could threaten the distributors that they have no rights over the film as the copyrigjht belongs to the crew. It may not, but they cannot ignor such a threat.

Lastly, what is the bname of the film and the producers. Why not list them here? If they found you through SP - then they should be exposed and then kicked out!

12 years, 6 months ago - Dan Selakovich

I don't know anything about UK law, but... possibly you can put a Lien against the film until you are paid. No distributor will touch it with a lien involved. Good luck.