Legal Question in Entertainment Law in California

Contractual Agreement regarding various royalties
I produce records for a record company in Los Angeles. I live in Nashville, TN. I believe that the terms of my contracts fall under the jurisdiction of CA. laws. I have a two part problem.

1. According to my producer contract, royalties are to be calculated, paid and statements provided within 60 days of the pay periods which end on 12/31 and 6/30.

I have not received my royalty statement or payments for the last pay period (6/30) and I am curious as to what action could be taken.

2. I also have 8 songs that are BMI registered works that have been released by the label going back over a year ago that have yet to be contracted under the terms of an ''Exhibit A Songwriter Agreement'' attachment of my main producer agreement. These also are supposed to be paid royalties within 90 days of same pay periods and I have never received my royalties, statements and have never received contracts on these songs.

What steps need to be taken to resolve this situation?

Since the producer agreement pertains to the ownership of the master recordings and, assuming the company is in breach of contract, would the masters revert back to my ownership?

Asked on 10/06/04, 11:18 am

3 Answers from Attorneys

Robin Gordon Gordon Law Group, PLC

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Re: Contractual Agreement regarding various royalties

The questions to many of the questions you have asked are dependent on the terms of your agreement. If the other party is in breach, then the masters would revert to you. Certainly notices need to be sent demanding an accounting and outting the other party party on notice that it is in breach. I deal regularly with entertainment issues and I would be happy to look at the contract in question to determine what your rights are. Please contact me at your convenience to discuss further. good luck.

Answered on 10/06/04, 11:27 am

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Terri DiPaolo

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Re: Contractual Agreement regarding various royalties

With respect to the previous reply posted - yes, the agreements must be reviewed and demand letters must be sent to the label and the publisher (if any) - but it is highly unlikely that there is any scenario under which the masters would "revert" to you, particularly if there is a signed agreement (as that agreement likely includes a clause that you are only entitled to money damages). Feel free to contact me if you would like assistance with the demand letters.

Answered on 10/06/04, 1:39 pm

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