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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42333
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I would like to know if there are any laws that can protect

Customer Question

Hi I would like to know if there are any laws that can protect me as a consumer and also as an artist who recently shot a music video and the videographer/director has not delivered the music video to me and also has failed to communicate with me. I spent a lot of money on hiring location, hair and makeup and photographer for this music video not to mention the time wasted. Although I still have not paid him for his services as this was to be paid for after the final completion of the video was received. Although no money has been wasted on the videographer I've wasted a lot of time chasing up this video and it has caused me a lot of mental anguish. I'm unsure whether I have any right to sue as no contract was made or ssigned as I know him personally from mutual friends which I know was a big mistake from my behalf. The only proof I have are the witnesses who were present at the time we shot the video.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.The law is clear that the person that is shooting the video is the owner of the video and copyright unless there is an agreement in place to the contrary. What agreement did you have with them? I note it was not in writing but you should have had some form of verbal agreement?
Customer: replied 6 months ago.
The verbal agreement was that he would shoot, direct and edit a music video for me. He told me via text message a month ago that he had started on the editing and would have a video to me soon. I still have not received anything and he has failed to respond to any of my messages or calls
Expert:  Leon replied 6 months ago.
Good MorningHe would then give it to you and it was yours?Were you to pay him anything?The text message backs your version of events.
Customer: replied 6 months ago.
Yes he said he would send me the video after he finished the editing. He said that payment wasn't needed until the video was edited and complete
Expert:  Leon replied 6 months ago.
Good AfternoonYou have a case but it is your word against his. You should document everything you can before you do anything. If there were witnesses then you can call them as well
Expert:  Leon replied 5 months ago.
Good EveningIs there anything else I can assist you with? If not all the best and thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon

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