Questions and Professional Answers

• contaract between director and teleserial actor

  i would like to know can a director modify the story before the end of tenure of actor& show that she is dead in serial and terminate her job?if so can u please tell me the relevant section of the particular Act applicable.is there any act that governs teleserials?should the contract between an actor and director be registered or only a letter of offer and acceptance become a agrement enforceable by law-i.e a contract.awwiting for ur reply thank u

  • Re: contaract between director and teleserial actor

    You need to examine the contact between you and the production house or director. No particular act applicable regarding the relevant section. Indonesian civil code regulated that all legally executed agreements shall bind the individuals who have concluded them by law. They cannot be revoked otherwise than by mutual agreement, or pursuant to reasons which are legally declared to be sufficient. They shall be executed in good faith. Yes the contract shoould be registered and made in front of public notary for recognition before the law. Please send us the contract for further assessment to enquiries@wijayaco.com

    Asep Wijaya
    Wijaya&Co Law Firm
    Bougenville Estate Office Park Blok A No. 40 Jl. Inspeksi Kalimalang
    Jakarta, NUS 17412

• can one prod co keep you from working for another?

  looking for something in writing about a right to work state & the entertainment industry?I really need to find the written law that would prove that a production company that has a contract on an actor still can not tell that actor he or she can't work for someone else, If an actor is fulfilling their obligations to the first production company, can they or can they not keep that actor from working on another project?, if there are no conflicts or interruptions in the scheduling for that first production.myspace/carynmosscarynmoss at yahoo I don't understand if I can't put my email or myspace in here how will anyone respond to this?

  • Re: can one prod co keep you from working for another?

    Generally, as long as the performer isn't currently bound under an exclusivity clause, the prior employer can't prevent the performer from working for another company. If the contract DOES contain an exclusivity clause, and the contract is still in effect, (i.e., the term of exclusivity has not expired), then it is binding, and the performer CAN be prevented from working for others (in California, there's a minimum threshold amount of compensation the performer must be paid before the courts will enforce this provision with an injunction, but even if this amount has not been guaranteed the performer may still be held liable for damages to the first production company.)Without seeing the contracts in question, it's impossible to advise you further.

    Gordon Firemark
    Law Offices of Gordon P. Firemark
    10940 Wilshire Blvd., 16th Floor
    Los Angeles, CA 90024

  • Re: can one prod co keep you from working for another?

    Also - this isn't about "Right to work". "Right to work" is a reference to labor law principles which (in some states) prevent enforcement of certain union-only employment provisions.From wikipedia: Right-to-work laws are statutes enforced in twenty two U.S. States, allowed under provisions of the Taft-Hartley Act, which prohibit trade unions from making membership or payment of dues or "fees" a condition of employment, either before or after hire.California is not a Right To Work state in any case

    Gordon Firemark
    Law Offices of Gordon P. Firemark
    10940 Wilshire Blvd., 16th Floor
    Los Angeles, CA 90024

• Talent management Contract

  Ok,So I'm thinking about signing with a talent manager. However, here are some of my problems. I liked them both a lot, but I just want to make sure I'll be cool, if something happens in the future with them. Ok, so in one of the terms/conditions of the contract, the ''...actor is obligated to pay commission through the complete term of the contract'' even if the ''actor requests to be released of manager services after the 90 day conditional agreement.''Here's the other thing I'm worried about, ''...contract is for 1 year and will be automatically renewed for three years without written termination by either Manager or Agent.'' So, does that mean I can't get out of it after a year if I want to?

  • Re: Talent management Contract

    Based on what you site from the agreement there are some definite red flags. If you are giving the manager a 90 trial period then they are not entitled to commission on a full contract...if you don't keep them on as your manager then there is a problem so they should not get paid. Also, usually automatic renewal clauses are in favor of the person who drafts them. I can't give you a full analysis without seeing the full contract but you definitely need to have it reviewed. Do not sign it as it reads now.Thank you.Richard

    Richard Jefferson
    Fagerholm & Jefferson
    3500 West Olive Avenue, 3rd Fl
    Burbank, CA 91505

  • Re: Talent management Contract

    How can any attorney advise you unless you bring them the contract? Who cares if you like them. Have you researched them? For example, have you researched the court records to see if they have been involved in any lawsuits? Have you asked them for references? Have you at least googled them? Spend some money and have the contract reviewed by your own lawyer -before- you sign. It will save you money in the long run. If they won't give you a copy to have your lawyer review it, or if they demand you sign right now or else, RUN.

    Michael Stone
    Law Offices of Michael B. Stone
    2250 E. Imperial Hwy, Suite 200
    El Segundo, CA 90245-3508

• Is it legal to use the name of person as the name of a band?

  I was just wondering if there were any laws pertaining to the direct use of someone's name. Would it be considered ''against the law'' to use the name of an actor as the name of a band. The actor would have no direct connection, and the band would have absolutely nothing to do with said actor. Not in an attempt to get sales, just a sincere like of the name.

  • Re: Is it legal to use the name of person as the name of a band?

    Howdy:Without the actor's permission, you'd be misappropriating his identity for your own gain. The actor would have grounds for a civil action against you for that misappropriation.The only way to do it would be to license his name, if he was willing to do so. It would cost you.Hope this helped.rkr

    Robert Restivo
    Restivo Law Firm
    707 El Dorado Blvd, Ste 1502
    Houston, TX 77002

• breaking contract

  Ok, so I signed a talent management contract. They aren't doing anything for me. How do I get out of it? I'm past the 90 day clause and it states they are entitled to my earnings until the contract expires. It states the contract is for one year and will be automatically renewed without written termination by either actor or manager.

  • Re: breaking contract

    Unless the contract guarantees you the minimum amount set by law, $15,000 I think it is, and they have to actually pay it, the contract can't be enforced against you. Google (california personal service contract minimum).

    Michael Stone
    Law Offices of Michael B. Stone
    2250 E. Imperial Hwy, Suite 200
    El Segundo, CA 90245-3508

• Legal Primer for Actor

  What are the best sources for an actor to catch up to speed on the legal aspects of creating professionally wise agreements and contracts?ThanksJR

  • Re: Legal Primer for Actor

    It isn't really a very realistic approach to think you can handle the legal aspect of this...just as you wouldn't cut your own hair or build your own house. You can google topics or consult with an attorney, but you would be unwise to not have an attorney review your contracts.

    David W. Nance
    DWNance.com founding member of NanceGroup.com
    5700 Magazine Street
    New Orleans, LA 70115

• Full Time Actor

  I am a professional actor that travels around the country for employment. My permanent address is in WI. Before arriving for my last contract I contacted a YMCA and spoke with the Aquatic director. I informed her that I would be in the area for a specific time and was wondering if she needed any lifeguards during that time. She did and hired me. Now they are claiming that I quit my job at the YMCA. I am not sure how I can prove to the State of Wisconsin that my job at the theater was full-time. The theater provided housing, as stated in my contract. So once I was done with the show I had no housing in the area. The pool is a 7 hour round trip and I worked from 4:45 AM to 9 AM. Now the state is denying my unemployment claims, what should I do?

  • Re: Full Time Actor

    Hello,Frankly from your description of the facts I cant tell if you quit or you didnt quit. What a person usually does is hire a lawyer to review the facts and the law in detail to see if you can appeal and win. There is a time limit to file an appeal, so dont delay. The lawyer can charge no more than 10% of the total amount of benefits you get if you win.Best Wishes, Mark J. Mahoney

    Mark Mahoney
    Cassiani Law Office, Wise Shepherd Law Office
    2701 Larsen Road
    Green Bay, WI 54911

• Which form to use?

  need a contract for a non-union actor.

  • Re: Which form to use?

    I represent producers and performers so if you would like to contact me I'd be pleased to discuss the matter in a complimentary phone call.

    Steven Mark
    Steven Paul Mark, Attorney at Law
    401 East 80th Street - Suite 29B
    New York, NY 10021

• Statutory Rape?

  We live in Colorado. My friend is concerned about her 19 year old son who has recently started ''seeing'' a 15-year old girl. He says that they are not having sex. I checked some Colorado statutes to see if he could be charged with statutory rape, and based on what I found, it doesn't seem like he could be. I searched the postings here, and found something from a year ago. Has the law changed? What I found is: CRS 18-3-405 says ''Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.'' CRS 18-3-404: (1) Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if: (a) The actor knows that the victim does not consent; or (b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct. Are there other statutes that apply to his situation (is there something else he could be charged with, especially if the girl's parent(s) find out and contact the police)? What is the likelihood that the District Attorney would actually prosecute my friend's son if the police are contacted?

  • Re: Statutory Rape?

    The other statute that you should review is §18-3-405.3 - any actor who knowingly subjects another not hsi or her spouse to any sexual contact commites sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim. Position of Trust means any person who is a parent or acting in the plcace of a parent and charged with any of a parent's rights, duties, or responsibilities concerning a child, including guardian, or someone otherwise responsible for the general supervision of a child's welfare or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child including foster care, child care, family care, or institutional care, either independently or throug another, no matter how brief at the time of an unlawful act.Prosecutors are relentless on these cases if they fit the law. Make sure this girl is really 15 yo - teens lie. Make sure they did not meet as coach and player, teacher and student or babysitter etc. The other way to get charged is to get her drunk and have sex - in that the victim is helpless bc too drunk to consent.

    Jason Savela
    The Savela Law Firm, PC
    250 Arapahoe Avenue, Suite 301
    Boulder, CO 80302

• Actor/Talent Manager Contract

  I was working with a talent manager while I was living in California, however, I have moved to Georgia and have severed my relationship with said Manager. I only had an oral contract with her, which lasted less than one year. I have sent numerous emails to her letting her know that I have terminated our agreement. So, does my notification suffice as notice of termination? We never set forth terms of the oral contract with exception to the commission structure of 20% salary of work completed within the entertainment industry. We had a very casual relationship and I only worked one actual job under the terms of our agreement. If my emails are not sufficient, how should I terminate the agreement? Said Manager is telling me that she is still recognizing our oral contract despite the emails. There are no pending jobs or royalties from our time together. Again, all we had was an oral contract, no terms of duration, and have no pending work or work that was found while I was working with her. In fact, I have left the acting profession permanently. So, what notice is needed in California to terminate this agreement? Also, is there a Statute of Frauds requirement in California for Actor/Manger contracts?Thank you.

  • Re: Actor/Talent Manager Contract

    Just send a certified letter stating that you're terminating the relationship.Statute of Frauds may be an issue, since the contract can't be performed within 1 year, but that's more of a DEFENSE, if the manager sues... it's not a persuasive argument for termination.Since you've left the acting profession, why worry about this anyway? Unless you're still in some other aspect of the entertainment industry, there'll be nothing for her to commission, right?

    Gordon Firemark
    Law Offices of Gordon P. Firemark
    10940 Wilshire Blvd., 16th Floor
    Los Angeles, CA 90024