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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26760
Experience:  Began practicing law in 1992
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We have a cameraman that has hostage our footage to gain more

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We have a cameraman that has hostage our footage to gain more than what was agreed on. He also has been using the footage to advertise his business and has not gotten a signed release from any of us involved on the footage. He has been asked to return the footage and no further actions would take place but he refuses to do so. In the beginning he was told he could use the footage as long as he meet our demands we had agreed on verbally. Then he changed his plan to meet his needs and not ours. So now he is going against our wishes and is demanding way more than what is worth. Any suggestions. Thanks Rockie
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
What were the terms of the agreement that he is now violating? Was it in writing? Was he an employee or independent?
Customer: replied 2 years ago.
He became a pro staff member for Bugling Bull Game Call CO. and wanted to become a cameraman. He was working independ with his own equipment. I agreed verbally that I would help him find the right contacts to further his indevors as a cameraman. Mean while he was invited on several hunts to video and new he wasn't being paid only for travel expenses. We had agreed to take the footage and he would edit it also and make a DVD. We were to split the profits in half for his work. He agreed to all this. I did help him out with some money for his work when I could. I didn't need a paid cameraman for my business work but decided to go this route to help him out. After all the hunts we went on and videoed he decided he wanted paid for the editing and not the 50-50 deal. His rates were way to high and I would not agree to paying that amount since I new I could get it done for far less money. He then decided to hold all the footage for hostage to receive the money he demanded. Then he started using the footage on his personal U-tube show and a promotional DVD of his work to drum up business. This is using our likeness without a signed release to do so. I would of agreed to let him use the footage if he would not of held it hostage. I contacted U-Tube and told them of the situation and they removed his airing from there show. I have notified our sponsors that he is no longer with Bugling Bull as a Team member, that he was rerleased for doing unjust things to bugling Bull and that he should not be allowed to participate in any of the sponsors products through our Company representation. I have now received a letter from his lawyer to cease calling the sponsors and notifiying them of this situation. I did not go into detail of what he had done, only that he is no longer with us. One company I mentioned that he was using our footage with out a signed release. Thanks Rockie
Expert:  Dwayne B. replied 2 years ago.
You have one issue that you need to be aware of. It can probably be handled, but you definitely need to talk with the lawyer about it.

There is a presumption that the photographer/videographer owns the copyright to their work. You can overcome that presumption, but it is still there.

At this point your only option is to bring a lawsuit, and there are a number of different matters involved so you will need to talk to your lawyer and see which way to go. I suspect you are going to have to file in federal court and claim a copyright violation as well as a breach of contract claim. At the same time you can ask the court to issue an injunction about him doing anything with the footage until the case is decided.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 2 years ago.
I would like to know what kind of lawyer would be best to represent this case. Rockie
Expert:  Dwayne B. replied 2 years ago.
Look for one who does civil or business litigation and works in federal court. You can look in the local phone books or at www.lawyers.com.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26760
Experience: Began practicing law in 1992
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