Legal Question in Entertainment Law in New York
Music Sub-Publishing Agreement Causing Bankruptcy
I signed sub-pub. agreement (1990) with a London based music pub. co. (jurisdiction in England & U.S. Courts) Three years ago, I notified the sub-publishers that the agreement had been breached for non-payment. I had not heard from them since the agreement was signed.
The orig. principals of this co. transferred control over to John DoeX. In 1995, John DoeX (sub-pub.) transferred the rights to a major record co. for wordlwide dist. To date, no royalties have been paid to o me. He nor his predecessor has cured the breach in the agreement. I have had legal representation for about one year but the sub-pub. has not cured the agreement. This is causing me extreme financial hardship. I held up my end of the agreement in good faith. I received letters in the last 18 months stating that they were wrong for not paying me, but he is entitled to exploit the copyright with "quiet enjoyment".
Q: If I file bankruptcy, will this terminate this agreement and revert the control of the copyright back to me? If so, which type of bankruptcy should be filed? Weren't all rights for "quiet enjoyment" forfeitted once the agreement was breached?
Any help is greatly appreciated.
1 Answer from Attorneys
Subpublishing Royalties
Breach of the subpublishing agreement should cause a reversion of the song copyrights to you. However, it may be necessary to file a lawsuit seeking a declaratory judgment in order to have this done. I do not understand how the lack of writer royalties will cause you to take a bankruptcy unless you have other debts to contend with.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
