ASK & DISCUSS
INDEXWhat should you do if a camera operator has signed a release form with your interviewees and won't supply the footage or the co-producer agreement?
10 years, 4 months ago - Paul Casson-Yardley
Hi,
I've recently been involved in creating a documentary and got in touch with a camera operator who filmed me interviewing several prominent figures. My partner and I signed a co-producer agreement with him, but he took it away, saying he would send us a copy but never did. In the meantime, he signed release forms between my interviewees and himself plus 'co-producers. This mainly happened during private contact between him and them, although I asked him several times that I be the main point of contact for the interviews and he agreed. We agreed verbally from the start that all three of us would have equal rights to any footage, but on Friday, having completed an interview, he announced that he could no longer be involved with the project as neither he nor I could make anything out of this footage (a documentary for which I've interviewed several prominent figures including MPs and have further ones lined up). He has sent low res versions of my interviews only, saying there are 'technical problems' with them. In the meantime, he is advertising on Facebook for collaborators to set up in a nearby city to apply for funding. I'd like to apply for funding for the film myself and have a clear direction for it now (which I haven't shared). I don't know if I'm being paranoid but feel that this individual has been very calculating from the start to ensure that all of the footage, and more importantly all rights to it, belong to him. Do you know what I should do? I've asked for the footage and signed form quite clearly several times, but he is no longer replying to my emails. Would I be best to use the lower quality footage that my partner took for an imminent funding application, explain the situation to the interviewees, and simply reshoot the interviews so far? I've got a feeling that this individual is intending to use both the footage and the topic as a basis for his own funding applications. My partner and I feel very stupid and betrayed, but we assumed that one team member was taking care of the legal side, and didn't realize this was not in our interests - it was the only aspect of the filming about which he displayed any enthusiasm!
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10 years, 4 months ago - Paul Casson-Yardley
Thanks everyone, Really helpful advice. It's been a sharp learning curve, but I've definitely learnt to be more cautious in future about the legal aspects of filming.
Response from 10 years, 4 months ago - Paul Casson-Yardley SHOW
10 years, 4 months ago - Claire Buckley
The devil is often in the detail. I have no idea what's in your agreement and how it was drafted therefore cannot give any suggestion or advice - in addition, I am not a lawyer.
I am afraid you will have to go back to the intention and the "spirit" of the agreement formed between you all. Often creatives do not think of the legal ramifications until problems arise. If it does get that far in a legal process the intention and spirit might well be the final measure - hopefully, if other conditions have not been applied which confuses the issue.
Always image before you offer your contract to second/third parties your agreement is before a judge in a civil court. Will it stand up or will it get thrown out on a technicality? Did you seek any legal advice first?
We are members of PACT. Being a member of a professional body is often the best first step you can make in what is a sea of legal complication.
I wish you good luck getting this sorted. And for others, make sure you have the legals wrapped up tightly, BEFORE you start shooting.
Response from 10 years, 4 months ago - Claire Buckley SHOW
10 years, 4 months ago - Paddy Robinson-Griffin
Did you pay him anything?
Either way, I'd use the footage and if he gets funny about it, well he can chase you for it.
Response from 10 years, 4 months ago - Paddy Robinson-Griffin SHOW
10 years, 4 months ago - gustavo arteaga
Hi. It is not my intention to play devil's advocate but ...
Beyond the wicked intent of your "friend" there are many unforeseen reasons why stock can go amiss.
Always back-up your files ideally after every session and make sure you end up with a copy.
In this respect you have to take some responsibility for the situation you are in.
With regards to this particular incident,
I wouldn't bother chasing the guy. Just make sure you let people know who he is.
That aught to do the trick. if he wants to work again he will be soon contacting you to smooth things over a cup of tea .
Best wishes.
Response from 10 years, 4 months ago - gustavo arteaga SHOW
10 years, 4 months ago - Paddy Robinson-Griffin
If nothing else, it'll get him talking again if he's gone silent but suddenly panics about the footage
Response from 10 years, 4 months ago - Paddy Robinson-Griffin SHOW
10 years, 4 months ago - Paul Casson-Yardley
No, we didn't pay him anything. All three of us agreed to work for expenses only, which we hoped to recoup and then share anything we made three ways. He's got most of the footage and only sent low res versions to us, but it sounds like a plan to just go ahead and use it.
Response from 10 years, 4 months ago - Paul Casson-Yardley SHOW
10 years, 4 months ago - Marlom Tander
A stiff letter stating that he has no rights to use the material, and that if he doesn’t play ball you'll seek a court order requiring that he hand over the footage. Or that you might wait and sue him after the fact if that will be more fun for you, e.g. he has made money from it, that you will then take off him.
That you will of course blog all this, naming names in a nice google high profile fashion, to give useful info to any potential future collaborators.
Does he really want to take the road he's on?
I'm not sure that your interviewees will be impressed by a request to reshoot, esp if they are busy people, so unless it's mission critical for them, you really want to avoid that if possible.
Cheers
Response from 10 years, 4 months ago - Marlom Tander SHOW
10 years, 4 months ago - David Graham Scott
Dear Paul
what an awful person that chap is! Unfortunately, there are horrible conniving people everywhere and they nearly always appear as 'ok guys' to begin with. That's their sneaky method.
Maybe it would be better to just go and re-film as many of the scenes as possible and either tell the subject the truth or make up some viable excuse that doesn't make you sound incompetent....or they may lose faith in you.
I sincerely hope you get this resolved.
Regards
David
Response from 10 years, 4 months ago - David Graham Scott SHOW