Entertainment law question

[LegalAlien84]

Hi,

I'm the producer of a short film that currently has a crowdsourcing campaign on the run. We shot a trailer, using one actor, and signed a contract (prepared by us, not a lawyer, so I'm not sure how binding it would be legally) stating that the actor would shoot the trailer for free, and will be the lead actor when we go to production, will work for x amount of money per work day, and help us promote. We had a very friendly environment as we are independent film makers, starting our careers.

So we kept our actor in the loop every step of the way, he was very excited (as he is a young, British actor who is trying to get enough material to apply for his O1 visa) and was willing to do everything (especially promote the campaign, since making the film and getting recognition depends on that).

We started the crowdsourcing campaign and our actor started to ignore us, did not promote the film on social media, and asked for a copy of the contract to be sent to his manager. We hired him free of representation, so I refused to contact his manager and explained to him that we need him to promote the film as he has promised.

After a couple reluctant emails, I received an email from his manager, telling me that I cannot in any way contact her client, even if I hired him without representation. Also, if I want the actor to do any work, I have to pay the x amount per day we had in the contract, which he is not available to do at the moment, and if I expect the actor to do any kind of promotion I have to give producer credit.

From all the emails we exchanged, I know that this actor does not want to work with us, and is trying every way for us to stop contacting him. Meanwhile, I still am running a campaign using his footage, name, and promoting my film using his face. We have invested in marketing, designed posters and T-shirts with his picture, and I don't want our production to be the victim here.

Do I have the possibility to take legal action here? Even though I hired him without representation, is it possible for the manager to take over all correspondence?
I am not looking for a lawsuit but I believe we should have some protection after all our investment upon agreement, against someone's change of heart.

Could you please advise?

Thank you.

 

[FlyingRon]

You're now realizing that you should have had legal advice before starting. You appear NOT to have a valid contract. It lacks consideration.

If a person tells you to stop contacting them, I'd stop contacting them. This would be likely CRIMINAL harassment. If you wish to pursue this, any further correspondence should be made by your attorney.

 

[quincy]

Hi,

I'm the producer of a short film that currently has a crowdsourcing campaign on the run. We shot a trailer, using one actor, and signed a contract (prepared by us, not a lawyer, so I'm not sure how binding it would be legally) stating that the actor would shoot the trailer for free, and will be the lead actor when we go to production, will work for x amount of money per work day, and help us promote. We had a very friendly environment as we are independent film makers, starting our careers.

So we kept our actor in the loop every step of the way, he was very excited (as he is a young, British actor who is trying to get enough material to apply for his O1 visa) and was willing to do everything (especially promote the campaign, since making the film and getting recognition depends on that).

We started the crowdsourcing campaign and our actor started to ignore us, did not promote the film on social media, and asked for a copy of the contract to be sent to his manager. We hired him free of representation, so I refused to contact his manager and explained to him that we need him to promote the film as he has promised.

After a couple reluctant emails, I received an email from his manager, telling me that I cannot in any way contact her client, even if I hired him without representation. Also, if I want the actor to do any work, I have to pay the x amount per day we had in the contract, which he is not available to do at the moment, and if I expect the actor to do any kind of promotion I have to give producer credit.

From all the emails we exchanged, I know that this actor does not want to work with us, and is trying every way for us to stop contacting him. Meanwhile, I still am running a campaign using his footage, name, and promoting my film using his face. We have invested in marketing, designed posters and T-shirts with his picture, and I don't want our production to be the victim here.

Do I have the possibility to take legal action here? Even though I hired him without representation, is it possible for the manager to take over all correspondence?
I am not looking for a lawsuit but I believe we should have some protection after all our investment upon agreement, against someone's change of heart.

Could you please advise?

Thank you.

The contract you have with the actor needs to be read and reviewed in its entirety.

It is possible the contract made between you and the actor could be valid, binding and legally enforceable. If the contract was not worded carefully, however, you could find that you have made a film you cannot use in its present form, and promotional material using the actor's image that might have to be recalled and destroyed.

Nothing can be done to help you in a forum setting, however. A personal review by an attorney in your area will be necessary, to see if you can salvage your film.