Yesterday I was casting and it was quite a treat as it always is. Some crazy good actors, some crazy bad actors, couple just crazy ones.
After each actor auditioned I was asking if I may use a clip of their auditions to post on here. Mainly there were a few really funny actors and good auditions and I thought the two people who look at this site might enjoy it. That all changed when a certain actress and her manager came to audition.
I asked her the same question I asked all the actors, who had all up until this point gladly said yes, if I may use a part of their audition for the website and possibly part of my proposal. She said “absolutely not.” I said ok that’s fine, I wont use it. They left and I continued with the auditions. I thought that would be the last I would hear from them.
About 20 minutes later my phone rang. I answered the phone and it was her Manager Joe Habak of JET Management, Talent Manager and CEO. Quite a title he has. Anyway he said basically said I have no right to use the video in anyway shape or form. I said, “That’s fine, like I told your client I will not use it.” He then told me they both look forward to the next rounds of auditions I laughed a little and thought it was over.
About an hour later I got another call from Joe CEO of JET Management felt that our verbal agreement simply wasn’t enough and wanted to e-mail me the terms of my verbal agreement and “get it in writing.” I said fine send an e-mail.
So Joe wrote me an e-mail last night with some sort of “contract” typed up that said his client's audition tape will not be released and/or used in any way any form in perpetuity. And that since I didn’t have her sign a release form, I have no right to use it. Oh also there was a confidentiality notice at the end of the e-mail telling me that any copying of the e-mail was strictly prohibited. Whoops. Now at the time he sent it, I was at home passed out from a long day of auditions.
Then the morning comes. I received three phone calls all from Joe. Again I was asleep and didn’t care to answer so I didn’t. He leaves a voice mail that you can hear:
Oh goodness, he’s going to chase me on this. But that wasn’t all. He also sent me a text message “reply to my email re [my clint] today, no later.”
After being rather annoyed with all this I sent my reply:
“Dear Joe,
I agree that I will use no part of your client’s audition tape for any purpose. The tape will not be released and/or used in any form including but not limited to the internet, or any other form wither known or unknown to man kind, or any other life form, in perpetuity (for ever and ever). Also the tape will not be distributed at this date, any future date, or at any past date should time travel be discovered. Your client will retain all rights to her performance in this or any other dimension even if the rules are “bizzaro” and apply reverse to all the rules in this dimension.
The contents of this e-mail are strictly confidential. Should said e-mail be shown to anyone or anything, all previous statements are to be considered null and void. By reading any of the above, you agree to the terms of this e-mail and are thus subject to that agreement, in perpetuity, in this or any other universe.”
He replied with a simple thank you, and he looks forward to hearing about call backs.
It’s a shame e-mails are at best questionable in their status as legally binding.
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