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--
3 Answers from Attorneys
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.
Re: Getting Screwed by a
What was the original agreement? Enforce that agreement. Call me directly at 16192223504.
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."