August 11, 2016 at 11:58AM

5

Cease and Desist from a Music Video Shoot

Hello,

Our director asked his girlfriend to be the lead in our music video. She agreed (no paperwork) but he has all the texts, emails, screenshots of her agreeing, she flew halfway across the country, showed up to set for the 2 day shoot on time in wardrobe, hair/makeup, very professional. There was a 15 person crew/actors that all worked with her, and the entire video was based aroudn her for pretty much every scene. The video was edited and released in which she then posted it on all her social media outlets, as well as her sisters social media outlets, saying "I'm so happy to be the lead in this video, the song is a HIT, I'm thankful that I was able to be apart of this, please go check out this link and I hope you like it as much as I do"

4 months go by, the song is picked up by a Record Label and released on their youtube channel. For whatever reason the director and the girl broke up, and now she's emailing the record label asking for a cease and desist. Obviously she's trying to stab our director in the back, but we didn't have anything to do with it and he has a verbal agreement/tons of evidence that she entered into the video on her own accord, and then promoted it on her own accord. The label is now emailing us trying to figure this situation out.

Is this something that we need to bring a lawyer in on, or with the amount of information/evidence we all have enough to tell her to stop because there's no real claim, other than her ruffling peoples feathers.

Thank you!

3 Comments

Simple question that is probably key to the problem and solution:

What monetary agreements were made (verbally or written)?
99% of all those disputes boil down to money!

Was the woman simply expected to do this for free while now the video starts to make a profit for others? Did you sell the video or get a share of the income?

August 11, 2016 at 3:17PM, Edited August 11, 3:40PM

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Cary Knoop
Member
2143

Lesson learnt:
always have quit claims/contracts in writing.

I'm not a legal expert, but is there a way to talk to her?
Just ask her why she changed her mind.
(Record the conversation.)

August 13, 2016 at 1:33PM, Edited August 13, 1:35PM

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WalterBrokx
Director, DOP, Writer, Editor, Producer
8992

It is always better to have all agreements in writing; specially if you are working with your special other, your family or your friends, because sadly relationships can end and sometimes in a bad way, and people are vindictive. So, having everything in writing is the best practice when producing or working on any kind of project.

For the situation you are describing, I suggest getting a lawyer and have him get in touch with the actress or her lawyer. If you are making money off the video, a piece of that is probably what she wants.

Hope this was helpful!

August 13, 2016 at 3:31PM

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Diego Garzon
Creative Director
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