Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Isn’t this irrelevant to the case? [/quote]

It’s relevant to the question of whether or not she was an employee. Wayfarer is arguing, and I agree, that she had far too much power to be considered an employee. If she is ruled an independent contractor she can’t even bring her title 7 claims.[/quote]

I don't think the squabbling over which cut was released is relevant to whether or not she was an employee on the set. Wayfarer was the shooting studio, they ran the set. The question is whether or not Lively was an employee or an independent contractor *on that set* since that's where the alleged harassment is supposed to have taken place.

All the stuff about which cut was released is related to post-production, distribution, and marketing. Sony was the distribution studio. Blake isn't suing Sony and there's no conversation about whether she was an employee of Sony's.

I just don't think which cut Sony chose to release has any bearing on whether Blake was an employee on the set of the movie. They are separate operations, as per the agreement between Wayfarer and Sony.[/quote]

Wrong. This entire debacle with the cut shows that both wayfarer and Blake were independent entities negotiating terms with a third independent entity (Sony). If Blake were an employee that could not happen period. When’s the last time you went to one of your employer’s business partners and negotiated for your own interests in contradiction to your employer’s? [/quote]

I'm not even arguing that Blake was an employee of the movie -- I tend to think she was probably an independent contractor, though I'm waiting to see what the court says because there are some situations where an IC may be deemed an employee simply for the application of certain protective statutes, so I'm trying to stay open minded.

But even IF she was an employee of the movie, that employment ended with the filming ended. So Blake was no longer an employee when the bake off was happening.

I also disagree that Blake was arguing against Wayfarer's interests. She might have been arguing against Justin's personal interests, but I do think Blake was trying to ensure a successful and profitable film release. I actually think this is a major reason Sony went with her cut. She's trying to sell the movie. She's getting Colleen on board, she's taking it to Book Bonanza to get Colleen's fans on board, she's getting Taylor's song for the trailer, etc. I think Blake was trying to sell the heck out of the movie. Justin and Wayfarer were not, and that was the problem. Justin was going on vacation, he was begging out of marketing commitments claiming a back injury, etc. And if Wayfarere really did hire TAG and Jed Wallace to attack Lively online as the movie was coming out, that is also counter to the interests of the movie, which is counter to Sony's interests, as well as of course Blake's.

This has been something that annoyed me from the start. If I were Sony and I saw those text messages from Jen Abel's phone, I'm pissed because Sony had a lot invested in the movie being successful, plus they are dealing with this meltdown between Justin and Blake and all the bickering back and forth. They just want to successfully launch the movie and make money. In that situation, if I then found out that Justin had hired a PR team to try and go after the star of the film as the film was premiering? Honestly, in that situation I'd be suing Wayfarer for breach of our partnership agreement because that could jeopardize my money as the distributing studio. I think this is likely why Sony came out in support of Blake when she filed her complaint, because those texts make Justin and Wayfarer look pretty duplicitous from Sony's perspective. Even if you understand why Justin thought he had to do that to protect himself, going after the star of your own movie the week it premieres is bad behavior, made worse if another studio has millions on the line as part of a distribution agreement.[/quote]

I stopped reading when you said the bake off was not part of her employment. Marketing is a huge part of an actor’s role in the film and of course marketing promotion is part of their job. She still had the power at that time to stop promoting the movie which would have been disastrous.[/quote]

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