Possible scam - Need your advice
Tue, 11 Dec 2012, 08:10 pmmusicalc13 posts in thread
Possible scam - Need your advice
Tue, 11 Dec 2012, 08:10 pmHi 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.
My two cents
Wed, 12 Dec 2012, 12:18 pmI 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.