Male Talent wants 1 year old video taken down because "he looks better now". What should we do?

[wildphoenix]

We received a text yesterday from a former male talent from last year. In his text, he demands that we remove a HJ scene we published with him in it, because he was under the impression that we would.. not publish it...?
The video is a casting couch themed HJ that was his first ever shoot and is over a year old now, and he is just now bringing this up? I suspect it has a lot to do with the fact that we stopped booking him for scenes late last year because of his performance issues.
While he says he wants it taken down because "he doesn't like the way he looks in it and he looks better now", he also accused us of telling him the scene was just for evaluation purposes and that we wouldn't publish or monetize it.

While we knew that was not true, we are huge on consent, so we went back and spoke with all of our other male talent in the last year that did the same shoot. Not only did they say that we absolutely told them it would be published, but they also pointed out that the paperwork they all signed (including the complaining male talent) states clearly that it is for publication/distribution and grants all the rights.


When we replied back that between our due diligence, the paperwork and talking to other talent, that it was not fair to us to have wasted money and time producing the video only for him to want it taken down, and that respectfully our answer is no.

Since then, he has continued messaging and now is threatening us with a lawsuit lol. On the one hand this whole thing is BS and has made us so upset. The fact that someone who we actually tried really hard to work with and was super patient with, can act like this.. is just crazy. I guess the easiest thing is to cut the losses and just take down the video, but to be honest Im really feeling like I would love for him to try.

What should we do?

[RBM_Paul]

I know how stressful this can be.

I often get message like this from female models that have retired and want their content removed.

1) They always start by telling you how their life has moved on and how either family or work means why they would like their content taken down.

2) They never offer any money, somehow you are expected to brunt the cost of everything.

If you have all your documentation in order, you are OK in my point of view, after all if you where filming just a hand job for non-establishment, you could have used anyone of even stand in for yourself, without having the stress of finding someone and the paperwork. He signed his release, he got paid.

I look better now followed by I didn't know it would be publish 12 months after you shot and published is a dumb argument. I he had not know it would have been published, he would have been on you from day 1.

So here is the thing, you have their fees you paid them for the job, the feed of the other actors, crew fees, location fee. Agent and maybe an MUA, and then you have your time and fee as the producer, none of that is ever taken into consideration by these people.

Time editing, and processing content (and fees)

Posting and host, with promotional videos and content.

now add in the time for it removal.

So for these people who come up asking for content to be remove without even offering a cent in return, I will tell you to ignore. If you have contact him and told him that you wear not going to use the content and could he return his fees... then that word "unprofessional" is taken out the box. It crazy when people do it to you, you doing them a favor, but when the boot is on the other foot it is professional and you will have to pay.

Also people that threat with a lawsuit, often can't afford it. otherwise you would get a letter from their lawyer first requesting it removal and then hit with the lawsuit.

Talk it over with the guy, rationalize and make the points I just made that comply with you situation and make it clear to him, he has signed and wavier his right, known or unknown it was their in black and white and he should have read it before signing, or had someone read it to him if he was unable.

[cerulean]

Speak to your lawyer. That is the only real advice anyone can give you. As soon as someone threatens legal action, you should take their word for it, and treat it as such.

If you have model releases, consent videos, 2257, and everything else, your lawyer will tell you what your risk is. If everything is ironclad, the risk is probably minimal, but there is always the opportunity cost of a frivolous lawsuit. He's saying some pretty serious things as you describe it.

This has happened to clients of mine before, and I believe they offered a buyout option, but it has to factor in the cost of the content's monetary generation over time.

[wildphoenix]

Originally Posted by cerulean

Speak to your lawyer. That is the only real advice anyone can give you. As soon as someone threatens legal action, you should take their word for it, and treat it as such.

If you have model releases, consent videos, 2257, and everything else, your lawyer will tell you what your risk is. If everything is ironclad, the risk is probably minimal, but there is always the opportunity cost of a frivolous lawsuit. He's saying some pretty serious things as you describe it.

This has happened to clients of mine before, and I believe they offered a buyout option, but it has to factor in the cost of the content's monetary generation over time.

Thanks for the responses everyone.
We did offer him a couple of solutions, as we have with models in the past. He could buy the exclusive rights to have it removed, or we also offered to keep the video behind the paywall with no adverts since he was so concerned about his "look". Neither of those interested him lol.
I should also add that one of his issues we had with him was cancellations because he couldnt afford an Uber, not sure how he can afford a lawyer

[celandina]

You should NOT shoot ( never mind release) anything you do NOT have properly papered.... where a proper release form is the minimum...Period full stop!

[NatalieK]

I you have written agreements & documents signed, there is no issue

[wildphoenix]

Originally Posted by celandina

You should NOT shoot ( never mind release) anything you do NOT have properly papered.... where a proper release form is the minimum...Period full stop!

Do you ever read anything before commenting?

[celandina]

Originally Posted by wildphoenix

Do you ever read anything before commenting?

Your very long post contains a lot of... We said, we knew, we believe , we suspect, we are huge on consent, we told them.....

only one reference to paperwork, and yes, I have missed it. I am sorry. Be that as it may...

If you have a bullet-proof paperwork why are you asking what to do ?

OOOPS I just noted you are located in Florida... now I know why are you asking. As to the adult stuff in Florida? Florida is just another Afghanistan. Fucked up. If I were you, I would pack up the shop and moved to a blue state.

[helvetian]

Originally Posted by RBM_Paul

If you have all your documentation in order, you are OK in my point of view, after all if you where filming just a hand job for non-establishment, you could have used anyone of even stand in for yourself, without having the stress of finding someone and the paperwork. He signed his release, he got paid.

Just wanted to second this...

You could counter offer a $-amount that would make it worth for you to take down, if you want to go that way.

If he signed a document knowing what it'd be used for, and he got paid, then he knows what he put himself into.

You can't just reverse like that. The disrespect is unbelievable.

[INever]

This:

They never offer any money