I produced a video that was aired on a major cable tv station without notifying me first. Is this legal?

Question: I finished taping a movie that that was supposed to air on a major cable TV channel last year. Instead, it’s now been released directly onto video. I cannot find anything in my contract that lets me be personally paid for a portion of any video sales or rentals. The contract just entitles me to residual payments based on the number of times the film airs on one specific cable channel. Can I consider my talent agreement or contract to be void?  Should I sue my agent for not getting all of the correct terms into the agreement or go after the studio that made the film?

Response: Hopefully, the other parties that signed that contract with you will admit that enough outside facts have changed to make it unfair to only compensate you based on the terms of your present contract. However, you will probably definitely need a highly experienced entertainment lawyer to negotiate with the producers and studio on your behalf.

Let your attorney be the one to decide who must be named in any lawsuit. Hopefully, you can have the entire matter handled quickly and confidentially through mediation or by the drafting of a new contract. If not, you may still be able to prevail since any other ruling would deny you fair payment for your acting services. Courts are usually willing to look beyond the four corners of a contract when failing to do so would unjustly enrich one or more parties at the expense of others entitled to their fair share of the profits.

Answered by Elizabeth Smith

 Additional Resources: Entertainment Talent Agreements

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