Can Permission Granted Be Proven Without Written Consent?

[Story Wars]

California.

I shot a film with friends, myself being the Executive Producer (I paid for it.)

Halfway through Post, the Writer/Main Actor is claiming it's their project and threatening to leverage Copyright Infringement to get their way in editing.

While I DO NOT have signed written consent to have used his script, can I claim "assumed consent" (right term?) because of his active participation through the entire filmmaking process?

I have registered the film through the US Copyright Office with me as the sole owner and the work being based on his script.

Also does it matter if My goal is NOT to sell or profit from the film, but only to use it for Festival Competition and Self Promotion.

Thanks! Next time, I'll get everyone to sign everything!

 

[quincy]

I shot a film with friends, myself being the Executive Producer (I paid for it.)

Halfway through Post, the Writer/Main Actor is claiming it's their project and threatening to leverage Copyright Infringement to get their way in editing.

While I DO NOT have signed written consent to have used his script, can I claim "assumed consent" (right term?) because of his active participation through the entire filmmaking process?

I have registered the film through the US Copyright Office with me as the sole owner and the work being based on his script.

Also does it matter if My goal is NOT to sell or profit from the film, but only to use it for Festival Competition and Self Promotion.

Thanks! And yes I'll be responsible next time when working with friends and get everyone to sign everything!

California.

You can "claim" anything you want but, if you did not have written consent to exercise one of the exclusive rights owned by the copyright holder, you could lose any infringement action pursued against you by the writer. Written consent is required whenever there is a transfer to another of any one of the exclusive rights held by the copyright holder.

Although it is up to the author to prove that the work you based your film on belongs to him, you say you registered your film as being based on his work, so this has made it easier for him.

In addition, if his script is federally registered, too, he is the presumed owner of the written work and he can seek to recover damages. If there was no written consent granted and no transfer of rights recorded, you could find yourself with little defense in an infringement action.

That said, if the writer did not register his script prior to filming and has not yet registered it, then he will need to register his script prior to filing any infringement action against you. If enough time has passed between your filming and his registration, he would not be eligible to collect statutory damages. His damages would then be limited to provable profits realized by you or any losses suffered by him. These amounts may not exist if your film does not generate any revenue. The biggest threat to you could be the issuance of an injunction to prevent distribution of your film.

Is there a problem with the writer having some editorial control over the film, if that is all he is asking? That could very well be the least costly option.

You may wish to have the facts of your situation reviewed by an attorney in your area. Good luck.


(I received your private message - thank you for the nice words )

 

[Story Wars]

Written Consent is The Only Acceptable Form of Consent.

You can "claim" anything you want but, if you did not have written consent to exercise one of the exclusive rights owned by the copyright holder, you could lose any infringement action pursued against you by the writer. Written consent is required whenever there is a transfer to another of any one of the exclusive rights held by the copyright holder.

Although it is up to the author to prove that the work you based your film on belongs to him, you say you registered your film as being based on his work, so this has made it easier for him.

In addition, if his script is federally registered, too, he is the presumed owner of the written work and he can seek to recover damages. If there was no written consent granted and no transfer of rights recorded, you could find yourself with little defense in an infringement action.

That said, if the writer did not register his script prior to filming and has not yet registered it, then he will need to register his script prior to filing any infringement action against you. If enough time has passed between your filming and his registration, he would not be eligible to collect statutory damages. His damages would then be limited to provable profits realized by you or any losses suffered by him. These amounts may not exist if your film does not generate any revenue. The biggest threat to you could be the issuance of an injunction to prevent distribution of your film.

Is there a problem with the writer having some editorial control over the film, if that is all he is asking? That could very well be the least costly option.

You may wish to have the facts of your situation reviewed by an attorney in your area. Good luck.

Ah- Thanks so much. Their consent through the production is evidenced by their active participation (call sheets, emails, etc.) But, I see that what you're saying is that a Written Consent to use of their script is the only thing protecting me from a copyright infringement brought against me.

Since I paid for the production and am listed on all paperwork as the Executive Producer/Owner, am I correct that I now own a film that I have no permission to do anything with? And, likewise, the writer has no permission to use the film I shot?

And thanks for your note about offering editorial control in exchange for permission. I'll try that.

 

[quincy]

Ah- Thanks so much. Their consent through the production is evidenced by their active participation (call sheets, emails, etc.) But, I see that what you're saying is that a Written Consent to use of their script is the only thing protecting me from a copyright infringement brought against me.

Since I paid for the production and am listed on all paperwork as the Executive Producer/Owner, am I correct that I now own a film that I have no permission to do anything with? And, likewise, the writer has no permission to use the film I shot?

And thanks for your note about offering editorial control in exchange for permission. I'll try that.

I am afraid that it does sound like you are the executive producer and owner of a film that you may never be able to use, if an agreement cannot be worked out with the writer/actor.

Because it is likely that he has an interest (both as a scriptwriter and actor) in seeing the film displayed publicly, however, it also seems likely that a somewhat-amicable agreement could be reached between the two of you so that can happen. An agreement that satisfies both of your needs is certainly something to hope for, at least.

Again, good luck with the film.