Reply to Lively/Baldoni Lawsuit Part 2

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Reply to "Lively/Baldoni Lawsuit Part 2"

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[quote=Anonymous][quote=Anonymous][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]

The fact that Blake, who was nominally an actress, made her own cut  is extremely relevant to her employment status.  How many non-director, actors make their own cut?  It all goes into the calculus of whether she had more control than a normal emp”eye send the answers is a definite yes with the facts that you are pushing.[/quote]

She wasn't just an actress, she was also an executive producer:

"Yes, an executive producer (EP) can make their own cut of a film, particularly if they control the financing, own the production rights, or if the director lacks final cut authority. While usually focusing on business, EPs often review the editor's cut and can hire others to re-edit or reshoot scenes to ensure the project matches the studio's vision."

[/quote]

An executive producer is not inherently an independent contractor; they are generally considered employees under IRS and state labor laws if the production company controls their work. While they may operate through their own loan-out corporations to contract for services, they often fall under employee status due to the "right to control" exercised by studios or production companies. [/quote]

But she never signed her contract so that’s a problem for her. [/quote]

That does not control at all.  [/quote]

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