indie film club

The Screen Actors Guild sued Tanya York? I stumbled upon this listing on Justia, which lists Federal Distirct Court Filings and Dockets from across the USA.Screen Actors Guild, Inc. v. Loose Cannon Films, Inc et al Plaintiff: Screen Actors Guild, Inc. Defendant: Loose Cannon Films, Inc, Tanya York and DOESCase Number: 2:2007cv05224 Filed: August 10, 2007Court: California Central District Court Office: Western Division - Los Angeles Office [ Court Info ] County: Los AngelesNature of Suit: Intellectual Property - Copyrights Cause: 17:101 Copyright Infringement Jurisdiction: Federal Question Jury Demanded By: PlaintiffSo what happened here? I should be able to find out on Monday, but maybe a reader will have a scoop. Thanks, Greg Conley YourVideoStoreShelf.comUpdate on SAG vs. Tanya York and Loose Cannon Films Posted by Gregory Conley in News and Notes on January 5 2008Originally this post was to say that the Screen Actors Guild vs. Loose Cannon Films, Inc et al case does not reflect wrongdoing by York Entertainment. As of the time of this posting, however, I cannot say that with any degree of certainty. I haven’t wanted to comment on this until I heard from individuals on both sides of the case, and now that I have I can give you an idea of what the case is about.The case centers around the film Nikita Blues, an independent comedy from director, writer, and line producer Marc Cayce that York distributed in 2001. I’ve never seen it, but a quick look at the IMDb shows why the Screen Actors Guild would care about Nikita Blues. Unlike much of York’s catalogue, which is filled with movies made for less than $10,000 and shot without any SAG actors, much of Nikita Blues’ cast was compromised of SAG actors . Lead actors Essence Atkins, Roz Ryan, and Mary Morrow all appear to be guild actors.Here’s the thing though. Hopeful low budget producers who read this site should pay special attention to this. If you stipulate in your contract with SAG that your actors will receive residuals, you better be damn sure you pay them. The producer(s) behind Nikita Blues reportedly did not do this. This prompted the Screen Actors Guild to foreclose on the film’s copyright once they realized the payments were not going to be made. As a result, SAG owned the movie, and according to a source who claims this is backed-up in the complaint filed with the court (I’ll likely be able to confirm this on Monday), sent a cease-and-desist letter to York Entertainment informing them that they could no longer sell the film. The foreclosure and subsequent sending of that letter is said to have occurred in 2005 or 2006 (again, I’ll find out Monday). A source at York claims the company did not know about the foreclosure until 2007, and that they immediately stopped selling the film at that point. Additionally, I was told that York is contending that the film had “almost zero sales” from the time of the foreclosure to the filing of the aforementioned complaint in the Western Division of the United States District Court, Central California in August of 2007.SAG is suing Loose Cannon Films, which is the company Tanya York used to buy back York Entertainment when it filed for general assignment in 2004, for copyright infringement. I have no legal experience to speak of, but I somehow doubt that the “almost zero sales” argument is going to do too well for them. If they actually sold zero copies of the movie that may work, but regardless of whether or not they sold 1, 10, or 100 copies of the movie it’s still likely to be seen as copyright infringement. Can SAG prove Loose Cannon Films received that cease-and-desist letter? I don’t know, but I doubt they’d file a lawsuit if they couldn’t.I would strongly doubt that the case will go to trial. The question is at what point in the proceedings will a deal be struck? The next event in the case, ‘Exchange of Initial Expert disclosures and reports,’ is scheduled for March 5th. There are various events scheduled after this, with a trial date set for June 17th if necessary. The legal system sure moves slow, huh?One thing I learned from this story that may be important in the future. Loose Cannon Films is incorporated in Delaware. Draw from that what you will.Tanya York, at her attorney’s advising, has chosen not to comment until the litigation has concluded. I sent her a copy of the story that was originally to go up tonight last night (Thursday). As of 9:30 PM Friday, I’ve received no response from York. SAG’s lawers also chose not to put in a direct comment.