Does the daughter of a man who died before signing a media agreement have the legal right to sign on his behalf?
I know that compared to many other posts on this group this one is far more insignificant however I wondered if someone was able to help me with a legal question when it comes to rights and consent for filmmaking?
I am a documentary filmmaker developing my first feature film. I have already filmed with my main contributor (the person the film is about) however much to my dismay after attempting to get paperwork signed in advance/on the day I walked away with the verbal agreement that he could have his daughter look through it before signing (NB I am a professional filmmaker working in broadcast TV - I know that was my major mistake I don't need to be reminded of that haha :S)
Anyway, since filming with said contributor he has passed away (old age) before signing the agreement. Side note, prior to his death he had handed over his life rights to his daughter while he was in jail though I have been informed after death life rights are not valid (is that correct?)
Please can someone advise on where I send when it comes to using this footage. The daughter is happy to work with me to make this film however I am unsure if she is able to sign on his behalf or if I need to pull together the evidence that shows he was happy to be filmed. She is also happy to grant me first refusal on right
I am completely aware that this all could have been avoided if I had insisted on the paperwork being signed at the time of filming however due to the circumstances it wasn't possible to postpone and go back to film after papers had been signed (Not sure if it affects anything but he was a U.S citizen living in America. I am a UK filmmaker)
Anyway, as I said I understand this is far lesser than many other questions but if anyone is able to advise where I stand with life rights and consent after death that would be much appreciated.
6th January 2022