Videographer Is Holding My Only Copy Of Film Footage, Ghosting Me After I Sent $1,200 Worth Of Drives – What Are My Options?

Location: Los Angeles

Hi everyone,

I’m an independent filmmaker based in Los Angeles and need legal advice on a stressful situation.

I just finished shooting a teen rom-com in NYC. We spent thousands on cast, hotels, food, and gear. After three weeks of filming, I had to fly back to LA. Our main footage was stored on a single external drive that started acting up. Best Buy said the data transfer would take over 400 hours, and I couldn’t keep delaying my flight.

Our videographer (based in Philadelphia) said he could transfer the footage faster and would start right away if I gave him the drive. He also agreed to make me a full copy and mail it. Since then, I’ve sent him $1,200 worth of external hard drives, including one that cost $275. He told me that one arrived broken and that he’d return it to Whole Foods for a refund, which he did not. I had presented him with a contract while filming but he never signed and returned it. He was fully paid for his videography work and my coproducer gave him 1/2 deposit for editing.

Now it’s been over 2 months and I haven’t received a single drive back, nor any of my footage — and worse, he has completely stopped responding to my texts and calls. I’m terrified that I could lose the only copy of this film.

Questions:

1. Is this a civil or criminal matter?
2. Can I file a police report in LA or do I have to deal with Philadelphia authorities?
3. Can I send a demand letter or start a small claims case even across state lines?
4. Is this considered theft, conversion, or breach of contract?

Any guidance is appreciated. I really don’t want to escalate it legally, but I also can’t just lose this film.

Thank you.