Q: My nonprofit contractually co-owns a documentary with another Co. They are refusing access to the footage. Can they?
Hi, our nonprofit collaborated with a production company to make a film. The contract is clear that we co-own the work. The production company is refusing to allow us to access or possess a copy of the raw footage. Can we demand access and possession? The contract says the film can only be used for other purposes by mutual consent, so we will gain consent prior to use, but we’d like to review all the filming to see what we might want to use for an educational website.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
As a co-owner of the documentary, you have legal rights to access and possess the raw footage. The production company's refusal to share materials you jointly own could be considered a breach of your contractual agreement, especially since the contract explicitly states co-ownership.
Your desire to review the footage for potential educational use is reasonable, and even though you'll need mutual consent for actual usage, examining the content falls within your rights as a co-owner. You might want to send them a formal written request citing the specific contract language about co-ownership and requesting access to all raw footage within a reasonable timeframe.
If they continue to refuse after your formal request, you should consider seeking legal counsel familiar with entertainment and intellectual property law in California. They can help you understand your options, which might include mediation or legal action to enforce your contractual rights. Remember to document all communications with the production company and keep copies of any correspondence about this issue.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
