Making a film, lead actress walked out with no warning. She says I cannot use her work. Can I?

Question

The film is a low-budget thirller and is being done on a volunteer basis. Everyone knows this. She walked out with no warning, and with poor excuses like "I'm not happy with things". We're 95% of the way through filming so this really sctrews things up. She says I cannot use the footage she has already shot. Nothing has been signed and I want to continue with the film, but I'd have to use footage that has her in it. Can I do it? Does she have any comeback? This is being done in the UK. Many thanks!

Answer 1

If nothing has been signed then you were operating on a verbal understanding which is tantamount to a verbal contract.   She agreed to be in the film and there was implied consent to use that film publically.   She cost you time and money.   As I understand verbal contracts, she cannot now go back and withdraw her consent and make it retroactive to the beginning of the film unless she pays you for your time and the money you are out.   She violated the verbal contract.  Unfortunately, you didn't make it part of the verbal contract that whoever starts with the film has to finish it.  

I'm sure you've seen the Girls Gone Wild videos advertised and I'm sure many of those girls are sorry they acted in such a precipitous way, but those girls appeared voluntarily.

Answer 2

You cannot use the footage, unless you want her to come back and sue you if you try to enter it into a festival or find a distributor.

The trouble with using volunteer "actors" is that they have no sense of professionalism, and figure if they're "donating" their time, they don't have to follow through with their commitments.

If you'd been doing something wrong, she wouldn't have "walked out with no warning", you would have heard about it sooner.

Always have them sign a release.  There are boilerplate versions all over the Internet.

Answer 3

if there's no contract, it doesn't seem like she would have any ground to stand on. but i think i would consult a lawyer regardless just so you won't get sued.

Answer 4

You should have had all actors sign a release giving you permission to use their work.. YOu really need to ask yourself, how you drove this actress away.  Why not talk to her and see if you can fix the things she doesn't like?  If you use her image and work without her permission you are liable for a law suit.

Answer 5

Have to agree with the Doc.

The release form is critical. If you don't have one, you don't have any right to use footage of her.

Answer 6

Consult a lawyer before you do anything. She may be right.

Answer 7

Well, if nothing has been signed, then does she really have the right to say what cannot be used?!  Discuss this with a legit production company and see what they say.  But I'm pretty sure you can still use it.