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I need your help... Im from Toronto, Canada. Not yet. Its…

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Hi! I need your help...

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Im from Toronto, Canada

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Its about film that I produced. Its an Indie Feature Film

Submitted: 8 months ago.Category: Canada Law
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Answered in 13 hours by:
12/16/2017
Lawyer: Debra, Lawyer replied 8 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,964
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 8 months ago

Please let me know your basic facts and then your specific question.

Thanks

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Customer reply replied 8 months ago
Hi Debra;It was nice to hear from you.
I produced a Feature Indie Film last year in the Filipino community here in Toronto. Its the first Fil Can that was produced and will be screen here in Toronto.
Its under my production name and the Director wrote the story. It was my biggest mistake that we didnt have any contract whatsoever between the production, producer, director and cast snd crew. The film won 9 international awards and now bitting me in the ass...
She is claiming that she has the right on the film because she wrote it and saying her film is under her name and that I dont have any rights on the film... I financed most of the expenses and there are some other that needed to get paid after the screening. Though now, they would like me to pay them in a week (which I dont have anymore money) and the Director us threatening me if I dont pay my debt to the other cast and crew and other people, she would expose me to the public... that Im lying and used some of her money to the film.
My question is can she claim that its her film without any signed contract or without my knowledge?
Second, can she do that? Expose me to the public because she is forcing me to pay everyone wherein we already agreed that the balance with the cast and crew will be paid after the screening (the problem is we didnt sign any contract) and all cast and crew are against me bec the Director is very well known in the community...
Lawyer: Debra, Lawyer replied 7 months ago

I am sorry to hear this.

So you are saying you hired everyone to do this film but you had no contract with the director? Was there a verbal agreement about intellectual property rights?

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Customer reply replied 7 months ago
I hired everyone but with no contracts only verbal agreement to help each other. Neither theres ni verbak agreement about intellectual property rights but director said she, the priduction manager and creatuve consultant applyfor the rights of the movie but didnt show me any forms that they have applied. Is that possible or the director was just trying to bully me?
Lawyer: Debra, Lawyer replied 7 months ago

I have no idea what she is referring to but this is a very serious situation for you because the law is that in the absence of an agreement stating that you own the intellectual property rights to what she created, she owns them.

If she was your employee then you would own the rights if there was no contract to the contrary but here she was not an employee and so she owns the intellectual property rights to the film.

I know you don't have any money right now but you should see a lawyer in Toronto this coming week.

You can see a lawyer for free for half an hour for free and you should be seeing an intellectual property face to face. Then you can ask the lawyer how much they will charge you to send her a letter threatening a lawsuit. I know you cannot afford to sue her but this letter may scare her.

Here is how you can apply online to get the referral:

https://lsrs.lsuc.on.ca/lsrs/toTerms.do?navigation=Next

I know this is not what you wanted to hear and I know you have no money but the reason why you are where you are now as you didn't see a lawyer before starting this process.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Lawyer: Debra, Lawyer replied 7 months ago

Is there anything more I can help you with at this point in time?

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