I couldn't see a specific forum topic for copyright so I'm hoping this one's alright.
Last year I produced an independent short film that required the use of an old car, in this case a 1965 EH Holden. By independent I mean it was made by some students, and friends of friends. We successfully raised $3000 through crowdfunding that went towards production costs, and still found ourselves in the negative. We shot very sporadically throughout the year due to crew availabilities. We started in May and completed principal photography in December.
I had to find an old car to use in the film. I first found a guy with an old Ford and met with him to discuss costs. He wanted at least $1200 for four days, and we didn't actually know how many days we officially needed the car at that point. We declined the offer as it was too much.
My neighbour (also an old car club member) thought that quoted price was crazy and introduced me to his friend of a few years who had the Holden EH. I met with this guy about using the Holden in person at my house with just his son and myself. We discussed logistics of scheduling, driving and what his insurance covered, not money. He was happy and very willing to provide the car for our use. The only figures mentioned were how we turned down the $1200 from the other guy. No financial guarantee was spoken or written down.
The owner of this Holden has come out this past week demanding $2500, $250 a day that equals 10 days (even though we only used the car for 7), as apparently agreed upon because he wants to put a new engine in it, whilst also claiming club permit fees and insurance costs, which were never spoken of. He believes I verbally agreed to this, where I can swear on my mother's life I did not, particularly as the one in-charge of costs in regards to car hire.
There is literally no written or physical evidence of an agreement; not in SMS, email or paper form. All fuel used was paid for by us. This short film is intended to make no profit what so ever. It was only planned for film festival submissions. He is now threatening legal action against us.
I'm wondering how strong of a case verbal contracts can hold up without witnesses to the conversations that took place? I'm unsure what his son would say.
Feel free to ask me any questions. I'm contemplating a consultation with a copyright lawyer, if consultation fees aren't too high as I have only returned to work from injury. I like the platform forums offer for getting various opinions.
Thanks everyone.
Last year I produced an independent short film that required the use of an old car, in this case a 1965 EH Holden. By independent I mean it was made by some students, and friends of friends. We successfully raised $3000 through crowdfunding that went towards production costs, and still found ourselves in the negative. We shot very sporadically throughout the year due to crew availabilities. We started in May and completed principal photography in December.
I had to find an old car to use in the film. I first found a guy with an old Ford and met with him to discuss costs. He wanted at least $1200 for four days, and we didn't actually know how many days we officially needed the car at that point. We declined the offer as it was too much.
My neighbour (also an old car club member) thought that quoted price was crazy and introduced me to his friend of a few years who had the Holden EH. I met with this guy about using the Holden in person at my house with just his son and myself. We discussed logistics of scheduling, driving and what his insurance covered, not money. He was happy and very willing to provide the car for our use. The only figures mentioned were how we turned down the $1200 from the other guy. No financial guarantee was spoken or written down.
The owner of this Holden has come out this past week demanding $2500, $250 a day that equals 10 days (even though we only used the car for 7), as apparently agreed upon because he wants to put a new engine in it, whilst also claiming club permit fees and insurance costs, which were never spoken of. He believes I verbally agreed to this, where I can swear on my mother's life I did not, particularly as the one in-charge of costs in regards to car hire.
There is literally no written or physical evidence of an agreement; not in SMS, email or paper form. All fuel used was paid for by us. This short film is intended to make no profit what so ever. It was only planned for film festival submissions. He is now threatening legal action against us.
I'm wondering how strong of a case verbal contracts can hold up without witnesses to the conversations that took place? I'm unsure what his son would say.
Feel free to ask me any questions. I'm contemplating a consultation with a copyright lawyer, if consultation fees aren't too high as I have only returned to work from injury. I like the platform forums offer for getting various opinions.
Thanks everyone.