Legal Question in Entertainment Law in California

Getting Screwed by a

Hi.. I have a question for you.... we

hired a guy to record our album... after

we started recording he started calling

himself the producer.. but we never

hired him to produce.. we never talked

about points or had any kind of

contract with him... now he won't let us

have our unmixed tracks until we sign a

contract giving him producing credits

and royalties (of an amount that he has

not yet told me) he did have ideas and

do producing during the recording

process.. but we never had a producing

deal with him... how exactly does that

all work and are we required to sign a

contract with him now at the end and

are we required to give him points on

the album.

We're supposed to go get our tracks

tonight and I want to make sure that

he's not taking advantage of us.

Thank you for your time.

--name removed--


Asked on 8/28/06, 8:59 pm

3 Answers from Attorneys

Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Re: Getting Screwed by a

You did things backwards. You are suppose to have agreements signed before going into the studio. This is a common mistake in the music industry. There is not much that you can do but reason with him, get the best deal you can possibly make, and learn from your mistake.

Feel free to contact me with specific questions but I see this happen all of the time. Usually the producer knows what he was doing from the start. Suggestion: make sure you use an entertainment lawyer from now on. It will save you money in the long run.

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Answered on 8/28/06, 9:16 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Getting Screwed by a

What was the original agreement? Enforce that agreement. Call me directly at 16192223504.

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Answered on 8/28/06, 9:18 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Getting Screwed by a

Fire the guy immediately. He is a snake. Pay an attorney a small sum to write him a letter on attorney letterhead demanding the return of your recordings and warning him that the tracks are your copyrighted material. Then, next time, have a written contract with anybody who has or who might have physical custody of your recordings (including among yourselves). Use an attorney to the extent possible because a well written contract up front can prevent misunderstandings like this one. Read "This Business of Music" and "More About This Business of Music."

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Answered on 8/29/06, 12:00 am


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