Legal Question in Administrative Law in Nebraska
Video Royalties
I have a contract with a local company to pay me a percentage of net revenue on a documentary series I co-produced with them. They are supposed to provide me with reports and statements verifying the amount of my royalties. They have sent me a check with no supporting information. My request for this information has been sent to their atty. My right to object is stated in the contract and I fully intend to exercise it. My question is: If I cash the check they sent, am I indicating agreement with their statement? Is there any way that I could cash it and retain my right to object to the statement?
Thank you.
2 Answers from Attorneys
Re: Video Royalties
I'm not admitted in NE, but generally you would be able to deposit the check unless it has "satisfaction and accord" or something similar like "paid in full" on it. Consult with an attorney before you deposit the check; it sounds like you're going to need one. Where is the other party located?
Re: Video Royalties
Yes. All you have to do is to write them a letter stating clearly that the encashment of the check is without prejudice to your right to obtain an accounting of the revenue under the applicable provisions of your agreement with the said local company and to claim the difference.
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