Expert: Jim Boyd - 3/12/2009

Question
QUESTION: if a model has ( unknowing to him) signed an exclusive contract
with a (1)prod. co. and shoots a sceene with another (2) prod.
com in the industry, who is the co. (1) that holds the excluv.
contract able to sue, if anyone ? ( during the interview by co. 2 it
was asked if the model was under an excluv contract with any
other co. in the industry. the answer was no. )

ANSWER: Hi Marvin,

Actually, there are grounds for at least 3 lawsuits in this situation.

A:  Production Company #1 (who holds the exclusive contract with the model) can definitely file a lawsuit against the model for violating the exclusive contract and working with Production Company #2.

B:  Company #1 can also file for a lawsuit against Company #2 in order to keep them from using any of the material that was created as the result of the model’s breach of contract. They may also be forced to turn the material over to Company #1.

C: Company #2 can file a lawsuit against the model for misrepresenting himself as a free agent and force the model to return any payments made to him while working with them.  This lawsuit could also force the model to pay court cost, Attorney fees, and any other damages incurred by Company #2 as a result of the lawsuit filed again them by Company #1.

Unfortunately, the fact that the model claims that he “unknowingly” signed the exclusive contract with Company #1 is irrelevant. You should ALWAYS read any and all documents completely before singing them...and if you do not, you have only yourself to blame for the outcome.

Good luck
Jim.


---------- FOLLOW-UP ----------

QUESTION: WELL WHAT CONSTITUTES A EXCLUSIVE CONTRACT ? IE: IF THE MODEL
PROMISE/AGREES TO A CERTAIN THING/THINGS DOES THE CO HAVE HAVE TO
HAVE A PAYMENT/COMPENSATION OF SOME SORT IN SAME CONTRACT ?  IF
THERE IS NO COMPENSATION INVOLVED OR SPOKE ON IT SAID CONTRACT STILL
VALID ?

ANSWER: Most contracts do explain exactly what is expected of both parties involved in the agreement. Normally it would detail the work expected of the mode/performer under the terms of the contract, and describe how the model/performer is to be compensated for that work. However, this is not always the case and there are situations of “exclusivity” that do not require the contract to state the compensation due for service rendered by the model.

Unfortunately, no two contracts are alike, and without seeing the document in question, I’m not going to be able to help you much. I would strongly recommend that you seek the advice of a qualified Attorney in the jurisdiction where the contract was signed.


---------- FOLLOW-UP ----------

QUESTION: how can i contact you ?

Answer
While I am comfortable offering generalized advice on the legal matters involved in the Adult Industry...I'm not an Attorney, and simply not qualified to give out highly detailed legal advice.

The absolute best Advice I can give you on the matter is to find and Attorney (preferably one in the city where the contract originated)that you can sit down with face to face and find out what you need to do about this situation.