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Hard to sum up the situation concisely, but do I have a case here?

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waverly39

Junior Member
What is the name of your state: Georgia

Not sure if this is the right section but I'm new here, so I apologize.

Anyway, I'm an acting student and worked on a short film with a group of other film students. One scene in this film involved me making out with another girl in a fairly involved manner. I figured I'd be okay with it, but after doing it I didn't really want that footage in the movie for everyone to see. I talked with the director about ways to edit the scene to remove that footage while still keeping the story the same, and we came up with a solution that he agreed to. He went ahead and finished the film, ostensibly with the changes we talked about, and submitted it to our school's film festival before I had a chance to see it. When I did get to see it at the actual festival, I saw that he'd left the footage in the film, which made me extremely upset. I talked with him about it, and he just maintained that he hadn't forced me to participate in filming, and that we'd all agreed to do whatever was best for the film.

The film was screened for a relatively large group of students, and a recording of the footage has been uploaded online and passed around. I haven't gotten any really bad harassment from it, besides some remarks and comments from people (mostly male students) who recognize me from the clip, but it makes me extremely uncomfortable that that footage is out there and easily accessible.

Basically I'm just wondering what, if any, action I can take. We didn't have any sort of contract for the filming saying that the scene was going to be included in the film no matter what, so I'm wondering if he would have to have removed it from the film at my request. It's a pretty unique situation so I'm not sure what the rules are, any info is appreciated.
 


quincy

Senior Member
What is the name of your state: Georgia

Not sure if this is the right section but I'm new here, so I apologize.

Anyway, I'm an acting student and worked on a short film with a group of other film students. One scene in this film involved me making out with another girl in a fairly involved manner. I figured I'd be okay with it, but after doing it I didn't really want that footage in the movie for everyone to see. I talked with the director about ways to edit the scene to remove that footage while still keeping the story the same, and we came up with a solution that he agreed to. He went ahead and finished the film, ostensibly with the changes we talked about, and submitted it to our school's film festival before I had a chance to see it. When I did get to see it at the actual festival, I saw that he'd left the footage in the film, which made me extremely upset. I talked with him about it, and he just maintained that he hadn't forced me to participate in filming, and that we'd all agreed to do whatever was best for the film.

The film was screened for a relatively large group of students, and a recording of the footage has been uploaded online and passed around. I haven't gotten any really bad harassment from it, besides some remarks and comments from people (mostly male students) who recognize me from the clip, but it makes me extremely uncomfortable that that footage is out there and easily accessible.

Basically I'm just wondering what, if any, action I can take. We didn't have any sort of contract for the filming saying that the scene was going to be included in the film no matter what, so I'm wondering if he would have to have removed it from the film at my request. It's a pretty unique situation so I'm not sure what the rules are, any info is appreciated.
You were acting in a film.

If you run across people who don't understand the difference between a film role and real life, then these people have problems that simple film-editing will not solve. ;)

At any rate, you appear to have no legal recourse - although the film's copyright holder may have reason to file DMCA takedown notices to any online site that has published the copyrighted film clips without permission.

The bottom line is that you willingly participated in the making of a film and the film is what it is. I hope it did well at the film festival.
 

tranquility

Senior Member
I don't know the facts, but, if you really want to spend a ton of money and go to court about it, you might read this case first. It's not the law in Georgia, but you might be able to use it as persuasive authority.

http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/26/12-57302.pdf
 
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