Somebody Won't Return My Property and is Using it Without Permission
My question involves criminal law for the state of: INDIANA
Trying to figure out which crime, if any (don't want clog up the system if there's nothing there).
I apologize in advance... This IS the short version.
There is a short film competition (amateur) that I wanted to enter. A friend of a friend has a small video business so I reached out to him to maybe help. He enthusiastically wanted to help. I made and/or bought all the props, a camera, microphone, etc. He has a small place that we could shoot two of the three scenes as well as lights and an additional camera (total of three). His camera was much better than mine so we used his as the "main" camera. We shot everything over the weekend. Last shoot was 3'something in the morning and we decided to call it quits for the night. I uploaded the shots from two of the cameras to my laptop. The "main" camera was not compatible to upload so he was going to get me the footage later. A few days later I got the footage. After reviewing all the footage, I was not satisfied with the two scenes we had shot in his building. I advised him that we needed to re-shoot. He was the one filming with the main camera and it was shaky and tilted and just not acceptable for a competition submission. He stalled his reply (text) and I got nervous because the deadline for submissions was nearing. I damaged his ego but he said we could re-shoot the next day at 7 PM. At 10 PM I get a text from him that we can't re-shoot (obviously). I asked him for access to get my stuff (I can't shoot myself without my props). (after several hours) He can't he's leaving town the next morning. I advised him I needed my stuff, can I meet him before he leaves. No reply Multiple texts that I need my stuff. Eventually he replies that he will have a somebody meet me at the building after 6 PM and he'll let me know an hour before. Never happened. Found out he and his "editor" are putting the junk clips together so he can add something to his portfolio while denying me access to my stuff. At this point it is impossible to re-shoot and submit the film in the competition. He knows this and, as stated, he wants to promote his company. He even sent a text to ask me to call his editor because he had questions while I'm still waiting to meet his "person" to get my stuff. So my loss is, I cannot enter the competition and I still do not have my stuff while he's still editing a film that really belongs to me. (If you read all of this, thank you. I don't know if it's worth filing a police report and if I do, what crime has been committed?)
Thank you in advance.
Re: Theft, Theft by Conversion, Conversion, or None of the Above
What, exactly, is your "stuff" that you are referring to?
Re: Theft, Theft by Conversion, Conversion, or None of the Above
Sorry... A high definition monitor, a rolling camera trolly (and accessories), a death row inmate uniform, a prison cell bed with mattress and blanket, a hand made electric chair, restraints, and a few other incidentals. (Which is why I can't re-shoot in a couple days.) And some of the footage from the main camera.
Re: Theft, Theft by Conversion, Conversion, or None of the Above
Quote:
Quoting
nobody317
Sorry... A high definition monitor, a rolling camera trolly (and accessories), a death row inmate uniform, a prison cell bed with mattress and blanket, a hand made electric chair, restraints, and a few other incidentals. (Which is why I can't re-shoot in a couple days.) And some of the footage from the main camera.
Everything except the footage clearly belongs to you, and it is a criminal offense for this other person to keep the stuff without your permission.
The footage, however, is a tricky situation. If you and this other person have a contract that states that the footage taken with this person's camera belongs to you, then the footage belongs to you. But, if there is no contract, then the footage probably belongs to the other person. The footage is probably a civil matter, not a criminal matter.
Re: Theft, Theft by Conversion, Conversion, or None of the Above
Agree with John_28.
File a police report for the theft of the items.
If being contacted by the police and subject arrest doesn't get your property back you'll have to file a lawsuit for the used value of the property or for the return of the property.
The Indiana small claims limit is $6000. If that covers it you can use small claims court without a lawyer. If that doesn't cover it you'll have to sue in a higher court. You might need a lawyer for that.
Suing for the return of property is called Action for Replevin. Indiana appears to allow that in small claims court.
Unfortunately, the reality of not being able to enter the film competition is that there's probably no compensability there.
Re: Theft, Theft by Conversion, Conversion, or None of the Above
Thank you adjusterjack and John_28. Yeah, the worst part is not being able to enter the competition. As far as the footage on the main camera, I do not have a contract with him. I do however have the signed release forms from all the talent specifically for "the film" which should give me leverage if he does anything with it. Oh well, live and learn as always. Thanks again.
Re: Theft, Theft by Conversion, Conversion, or None of the Above
This sounds like a civil matter since you originally gave him access to the stuff, he didn't steal it.
You can make a police report, but I'm betting you will be advised that it's civil. Even if it's criminal, it sounds pretty muddy - too muddy for a successful prosecution.
Re: Theft, Theft by Conversion, Conversion, or None of the Above
Based on the definitions of theft, theft by conversion, and conversion I truly believe it is criminal and not civil.
And yes, it probably is "muddy". What I do have in my favor are all the text messages, voice mails and emails of me constantly asking for access to my stuff and his agreeing to meet and then not meeting. Last text: "I need all my stuff and yet again you denied me access to it, which is what I need to finish my film before the submission deadline. You know I now don't have enough time to do what I need to submit." (5 separate texts over days basically saying the same thing.)
Re: Theft, Theft by Conversion, Conversion, or None of the Above
Quote:
Quoting
nobody317
Based on the definitions of theft, theft by conversion, and conversion I truly believe it is criminal and not civil.
And yes, it probably is "muddy". What I do have in my favor are all the text messages, voice mails and emails of me constantly asking for access to my stuff and his agreeing to meet and then not meeting. Last text: "I need all my stuff and yet again you denied me access to it, which is what I need to finish my film before the submission deadline. You know I now don't have enough time to do what I need to submit." (5 separate texts over days basically saying the same thing.)
It's not what you believe it's what the prosecutors believe. If it's not something they want to bring charges for then you are left with a civil lawsuit.
I'd still report it as theft and see how far you get.