Possible scam - Need your advice

Tue, 11 Dec 2012, 08:10 pm

musicalc13 posts in thread

Hi all. I've realized my friend and I might have been scammed by a filmmaker. It's really frustrating and we want to take action but decided to ask for your advice first. Recently I was contacted by a filmmaker on a talent website asking me to appear on his show. Although it was good money, I didn't think I was the best fit for the role, so I declined the offer. The role required a very specific person and he was having a hard time finding the right one. So he asked me to talk to my friends to see if they are interested. I called my friends and one of them was interested. All of us, the filmmaker, my friend and myself, met up and he explained about the role and the show. He said the payment would be ready a week after the shooting. He also added that it would be aired internationally on a major TV network. My friend agreed to pay me a portion of the money for finding him the work. The shooting went well, and my friend and the filmmaker met again to sign a release form and a payment contract. But he didn't sign them because the payment wasn't ready and the contract was for volunteer extras ("You will receive no payment"). The filmmaker said he would fix it and re-send it, which he did last week. My friend hasn't signed them yet, just in case. I called the filmmaker and asked when he'd make the payment. He said he wasn't sure because he hadn't even been paid by the TV network yet. ("I am paying for the show out of my own pocket") I requested a point of contact at that TV station, but he refused to provide the information. I searched his production company on ATO's website to see it's active, and it sure wasn't enough. I feel very sorry for my friend that I had him involved in this show. Any advice will be greatly appreciated.

Thread (13 posts)

Threaded Flat

musicalcTue, 11 Dec 2012, 08:10 pm

Walter PlingeTue, 11 Dec 2012, 08:26 pm

Scam advice ?

I have a slight experience of theatre, and film making. The first thing I learned was that there are many who take advantage of peoples need for work. There are so many scams that have to be avoided. If people don't do research first, it's asking for trouble. Being scammed like this is a valuable lesson. Next time you'll BOTH be more careful?

LabrugTue, 11 Dec 2012, 10:26 pm

Lessons Learnt

To be frank, the only real thing you can do is learn from the experience. When-ever payment or a fiscal exchange is involved, always ensure you have a legal document signed by all parties BEFORE Commencing work. If you are acting freelance in that you took this job without Agency representation, and you are not a member of MEAA/Equity, then because the contract was not signed and still is not signed, then there is not much you can do.

However, I will say that not being paid until the TV station pays is actually more common than one may believe and the fact that this guy is still talking to you is interesting. I would suggest that you keep on his back in case he is honest but hold little expectation of anything much.

Maybe you could consider cutting your loses and see if he would be prepared to give you/your friend some of the footage, enough to be able to add to a show reel, not as payment mind you. Don't accept footage in place of payment. That way, if the dollars never eventuate, at least you gain something from it.

You could investigate legal options I guess and some legal firms/representatives may offer free legal advice, but not many. If you are a member of MEAA/Equity, then they may be able to assist in some way.

In the end, weigh up the anticipated payment against the experience and lessons learnt and make a judgement on if it is worthwhile pursuing.

Absit invidia (and DFT :nono:)

Jeff Watkins

Walter PlingeWed, 12 Dec 2012, 08:10 am

Contact A Current Affair:

Contact A Current Affair: aca@nine.com.au

NaWed, 12 Dec 2012, 12:17 pm

One thing I learned: If

One thing I learned: If you're not working with someone you know - or even if you are - get a contract first. If it never appears, no matter how much you ask for it, then decline the job. MEAA, and the Arts Law Centre of Australia, both supply sample contracts that you can fill in the details for. You don't need a lawyer to write one up. If you or the other person can't be bothered finding a copy and signing it, then you're pretty much setting yourself up to be jilted out of owed money. And I learned that the hard way. Don't take promise of opportunity, a line on the CV or money over a contract. Trust me, you save yourself far more angst and time/effort in the long run. PS. The "I'm waiting for bills to be paid" is the oldest trick in the book for keeping scams alive. Unless you really really know the people, and really really know they're good for it, avoid.

jmuzzWed, 12 Dec 2012, 12:18 pm

My two cents

I think, based on what you've said, that there is a verbal contract in place - your friend agreed to appear on the proviso of payment. If payment were not forthcoming, I'd suggest calling the Department of Consumer Affairs for advice and help. I'm guessing you've kept the correspondence trail you've had with the film-maker. It does not necessarily follow, in australian law, that a contract has to be a written one. There simply has to be an agreement for provision of services in return for some consideration (i.e. money). Having said all that, your story does not indicate that the film-maker is necessarily reneging on payment - payment appears to be delayed at this stage. Whatever the case, I'd put all communication in writing so there can be no dispute of your attempts to obtain the agreed payment and state an expected response time. That will work in your favour if no response is forthcoming. Oh course, if he doesn't have the funds to pay you and your friend, it probably won't amount to a hill of beans anyway and you simply have the experience to learn from. I appreciate what you say about not being able to find a registered ABN for this individual. At the same time it seems unusual to undertake filming for no real reason so the fact that filming took place seems to lend some legitimacy to the story given by thye film-maker otherwise he simply has a load of footage that has no value.

Walter PlingeThu, 13 Dec 2012, 01:15 pm

Another view

Gotta be careful about the use of the word 'scam' to describe this situation I think. To declare it a 'scam' implies that this director deliberately set out to mislead and defraud people in order to attain personal gain. This may indeed be the case. However, this situation could also simply be a case of inexperience and naievity on behalf of several people including the director. Perhaps this director is very new to the process of getting a show on air and has mistakenly assumed that the artistic, administrative and payment pathways are seamless and prompt. Depending on what he thought was going to happen post production, this director may also be currently feeling as if he has been 'scammed' by the process or a TV network. What this does clearly highlight is the absolute necessity of either a contract or statement of purpose for all contributors pre production. Artists need to be realistic here too. Unless you are being engaged under contracted MEAA conditions, then you are donating your time with the hope that things go well and you score some cash or fame for your efforts. If you're not prepared to take the risk of giving up your time to a co-op and getting nothing out of it, then don't take the risk. Stick to purely amateur pursuits. I do wish the writer all the best with resolving the financials with the director on this production. Tulipa.

musicalcThu, 3 Jan 2013, 08:02 am

Thank you!

Thank you, Walter Plinge, Labrug, Na and jmuzz! Your advice really helped. I spoke to Discovery Channel and have confirmed that this guy is NOT associated with them. I also talked to him again after attempting the call several times. He said he's not sure what he could do when his reality show is "getting the most attention throughout the world right now". He wouldn't put our names and the payment amounts into the contract because he is not sure how much his "ever-existing new sponsor" will pay him. So, now he is confirmed as a scammer. I'm a member of MEAA and will contact them to see how they could help with all this mess. I'm also thinking of contacting the Arts Law Centre, Department of Consumer Affairs and maybe NSW Police? Can I disclose the names of the filmmaker and the show? (I'm so upset! =P) Also, we never signed a release, so I guess he can't put up the footage anywhere. Thank you!

musicalcThu, 3 Jan 2013, 08:02 am

Thank you!

If you know any other organisations that might be of help, please let me know. I'll appreciate it very much!

LabrugThu, 3 Jan 2013, 08:35 am

This I like

"getting the most attention throughout the world right now"

I find this funny. If this is a true and honest quote from him, ... then with sooo much attention, why can't he afford to pay?

Smoke and Mirrors.

Absit invidia (and DFT :nono:)

Jeff Watkins

musicalcThu, 3 Jan 2013, 09:37 am

You're right

Exactly. He really said that.

Walter PlingeThu, 3 Jan 2013, 09:43 am

A Current Affair:

A Current Affair: aca@nine.com.au

LabrugThu, 3 Jan 2013, 10:44 am

Not helpful

I don't know how helpful going to any of the Current Affair Shows would be. After all, they would be wanting a big-fish tale. There are dozens of scams like this going on every hour of the day that people are falling for. Which do you pick? The big ones.

Now, if you had a large number of scammed individuals, significant dollar values, or something other that was particularly striking (like ripping off a pensioner) then they might listen.

Absit invidia (and DFT :nono:)

Jeff Watkins

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