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Contract problems...
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Troll
Troll Scientists
Started Topics :
9
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67
Posted : May 15, 2006 17:46
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About half a year ago we were approached by a (unknown) label, asking for a track. We agreed, telling that we were“nt able to give any other tracks for the moment becouse we already promissed somewhere else. It was ok for them and they sent us a contract, with all the details written right. We never got any money, nor did they response to any mails. The only way to get some sort of feedback was to threaten with a lawyer, at wich point they let us know that they aren“t intressed any more. The problem is this: How can we prove that we never recieved any money, and what can we do to get rights back for the track? They do have the contract, so we could get into serious problems if we release it somewhere else, or give it out for free. We really do have access to a lawyer, but I“d like to doublecheck everything before taking to such extreme actions.
... there really should be a "black list" with promoters and labels you can“t trust. It is very short sighted, stupid and very unusefull to rip people off! Burning bridges is a very dumb thing to do
  Peace and Love, seriously! |
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Troll
Troll Scientists
Started Topics :
9
Posts :
67
Posted : May 15, 2006 17:52
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And, i forgot, all the e-mails, contracts and so on are saved. Does it matter if we really have to sue?
Peace and Love, seriously! |
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piko_bianko
Oxya
Started Topics :
57
Posts :
974
Posted : May 15, 2006 17:54
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on the contrary, with having 100 new labels every month, there should be a thread containing all the labels you CAN trust. including both big and small labels that are trustworthy.
on the other matter, you should head to extreme actions.. there's a simple question to ask this label in a court; WHEN and in WHICH bank account were the money transfered. even if they (the label) decide to put the money now, the date is always been shown  so simple.
extreme |
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Fingax
Cosmic Station
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82
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1235
Posted : May 15, 2006 20:04
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this happns all the times within a big chunk of labels in our scene.. beeing "underground" makes it a goldmine for exploiting artists. you have to find out who to trust by yourself really. of course you can take legal action but i belive you spend more money that the one you have to receive. anyway.. i hope this problems finish in a near future. i hope labels with bad management have what they deserve for making the artists feel like shit being riped off. i hope they enjoy until the day comes and i really want to see them going through the shit they beggining in the first place. being honest is the Best virtude a label can have in our litlle scene. all those smart asses will have what they deserve.
i hope you got my point. i dont mind to give away a track if the label tell me in the first place how they work about payments. the thing is when they say they pay and make you sign a contract with $$ written their and at the end theres nothing for anyone besides themselves.
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jivamukti
IsraTrance Junior Member
Started Topics :
21
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342
Posted : May 15, 2006 20:29
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I wouldn't make a deal with an unknown label in the first place, but I understand that for a newbie when you believe in your music and want to get it released, it's tempting to do so.
I agree with piko_bianko, but what if they say the money was payed in cash? Does your written contract say anything about that? When rain dries, clouds form.
When clouds moisten, rain forms. |
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faxinadu
Faxi Nadu / Elmooht
Started Topics :
282
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3394
Posted : May 15, 2006 21:02
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e-motion
IsraTrance Full Member
Started Topics :
71
Posts :
933
Posted : May 15, 2006 22:04
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good luck to you. |
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AjmaGard
AjmaGard
Started Topics :
8
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122
Posted : May 15, 2006 22:46
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They can claim they gave you the money, you can claim they didn't.
Still I think that you would come out the winner, since they (as the label) should have some documentation that they ever paid you for the rights for your music.
If the contract mentions that you should get paid $$ for them to sign off your track, they should have you sign some papers saying that you actually got your money. Else they have no proof that you were ever paid, hence they do not own the rights to your track.
Screw'em and name them here so other people can avoid those fuckers in the future...
*In AjmaGard We Trust*
http://www.soundcloud.com/ajmagard |
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Mike A
Subra
Started Topics :
185
Posts :
3954
Posted : May 16, 2006 03:34
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Was the track released?
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Troll
Troll Scientists
Started Topics :
9
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67
Posted : May 16, 2006 13:32
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No, the track wasn“t released. The only reason we even went into this was becouse it was an old track and we weren“t suppouse to do anything with it, but they just wanted to release it. Quite funny problem...
Isn“t so that the loser of the lawsuit pays for the other lawyer?
And isn“t it so that we can get the documentation from banks and money-transferes that we actually never recieved any money?
And no, money isn“t the case here, so can we claim that the contract isn“t legal, and that we therefore still own the track?
Thank“s
Peace and Love, seriously! |
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cytopia
Cytopia.org
Started Topics :
61
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329
Posted : May 16, 2006 13:49
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Troll,
If they did NOT pay you, they have NO rights to the track. In a court they would need to prove that they paid you, and thereby bought the right to use the track. As long as they cannot prove they paid you, by for example showing the bank transfer details which each bank keeps for a long time; then you are free to release it anywhere else.
Really, the rights to the track are all your unless they paid you; and they would need to be able to have evidence of. Since there is none, they are unlikely to start a lawsuit if you release elsewhere.
You can also write them an official letter, claiming you never received the money, and hereby declare contractual agreement broken. Send the letter so that they have to sign for it upon receiving it, and so that you get a receipt specifying that they signed for it. (I forget the name of this kind of letter in english, but companies use it when writing official correspandance, so that you can use it as proof if you would need to).
Goodluck
Cytopia.org
Psychedelic & Progressive Downloads
Mp3 / WAV CD Quality Downloads
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WAVELOGIX
Wavelogix
Started Topics :
136
Posts :
1214
Posted : May 16, 2006 19:57
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yeah , go ahead and release the track elsewhere if you like .... if the label didnt have the money to pay you for the track , im sure they have no money to pay the lawyers either  |
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MonasticSquid
MonasticSquid
Started Topics :
20
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359
Posted : May 18, 2006 15:35
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Quote:
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On 2006-05-16 13:49, cytopia wrote:
Troll,
If they did NOT pay you, they have NO rights to the track. In a court they would need to prove that they paid you,
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Exactly Right...... Its up to them to prove they own the track..... not for you to prove that they dont ~ contracts signed but no payment recieved = default on the contract as ' $£$£ payment' should be stipulated within the contract.
BEST ADVICE = Never throw away any correspondance from anyone / keep hard copies of all emails etc...
Business is business and if you dont play by 'the rules' u will get burned.
Regards
---------------------------------------------
www.myspace.com/mtheoryuk
www.myspace.com/monasticsquid
www.alchemyrecords.co.uk |
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MonasticSquid
MonasticSquid
Started Topics :
20
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359
Posted : May 18, 2006 15:37
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Erez_b
Started Topics :
3
Posts :
101
Posted : May 18, 2006 19:25
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To me it seems that your probleam is actualy a no problem
As people said here ... They need to prove it , not you ...
and yes pulish the label's name in here so people will know f*ck em |
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Damn Right! 