QUESTION

Is it legal to pull a project from under the executive producer?

Asked on Jun 03rd, 2012 on Entertainment Law - New York
More details to this question:
I'm on the producing team of a completed documentary. The director confided in me that he would like to pull the project from under the executive producer. Is that legally possible?
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4 ANSWERS

Complex Litigation Attorney serving Wauconda, IL at Kuhn Firm LLC
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The answer will depend entirely on the terms of the executive producer's employment contract. It will spell out the circumstances under which the EP can be terminated.
Answered on Jul 02nd, 2012 at 5:20 PM

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Susan Marie Basko
The Executive Producer is the person who provides or arranges financing. The documentary is completed. Now the director says he would like to pull the project out from under the Executive Producer. The Executive Producer has already done his or her job and done it well, since the film has been completed. I do not even understand what the director might mean, other than that the director might be trying to get the film production as a whole to renege on its financial agreements and contracts. The Executive Producer is the person who has arranged for the financing, and has arranged for people to be paid back, arranged for distribution and for the whole financing and operation to be legal and secure. The director sounds very confused.
Answered on Jul 02nd, 2012 at 4:34 PM

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Copyright Infringement Attorney serving Portland, OR at Day & Koch LLP
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It really depends on what, if any, contracts exist and what those contracts say. Among other things, in this kind of situation, it's important, among other things, to make sure that the whole project doesn't collapse under the weight of a dispute between the interested parties. It's also important to approach the situation in a creatively strategic way, and it's not really possible to do that without evaluating the contracts and determining what your legal rights and obligations are.
Answered on Jul 02nd, 2012 at 3:25 PM

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Commercial Litigation Attorney serving New York, NY
Partner at Cuomo LLC
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The answer to this all depends on the contract if any with the Executive Producer. My suggestion is to review the agreement with an entertainment lawyer as each situation is different. Please be aware that even if you pull it, you may still owe him/her the compensation they were promised.
Answered on Jul 02nd, 2012 at 1:16 PM

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