liability when posting on the internet

[angrysoundguy]

What is the name of your state (only U.S. law)? MN

Greetings,

I'm a soundguy. I made the mistake of doing a gig with out getting a contract before hand and the guy stiffed me on the bill. The guy in question is a local performer.

I have correspondence between us via email which puts me in the right, plus a lot of archived craigslist postings that detail our disagreement.

Is it okay for me to just make a website or blog and post it all on the internet, with names and everything on there?

Or, should I just change the names, maybe put a disclaimer on the top of the page and say that this is all opinion and bears no relation to so and so?

Just want to make sure all my ducks are in a row.

Thanks!

 

[Mass_Shyster]

Truth is a defense to a defamation action. So if he sues you, all you have to do is prove that what you wrote was true to defend yourself.

In the meantime, the lawyers make a boatload of money.

 

[quincy]

I agree with all that Stevef said.

But I wonder what it is that you expect to get out of all this.

You were the one who failed to get a signed agreement with the performer prior to the performance, detailing how much or when or if you would be paid for your contribution to his performance. Although your disagreements with the performer shown in emails and in Craigslist postings could certainly show that you and this performer disagreed (although these are not very reliable forms of evidence as they can be edited or faked fairly easily), these emails and Craigslist postings could also serve as a clear indication that you and the performer never came to a "meeting of the minds" over what you would be paid or when or if.

Without a clear understanding between you and the performer as to what was expected on one or both of your parts, a court would probably find that no contract (oral or otherwise) existed that can be enforced by either of you. Readers of your blog or website could come to the same conclusion.

A disclaimer, by the way, does not prevent a lawsuit. It may only serve to mitigate damages in the event you are sued. Attempting to disguise the people involved in a dispute by changing the names will also not prevent a lawsuit, if anyone who reads what you wrote can put two-and-two together and can recognize who you are talking about.

Better than risking the chance of being sued by this performer over what you write about him online, I suggest you have an attorney draft a letter to the performer, threatening legal action if he does not pay you for the services already rendered, or consider taking him to court to collect on the money owed (although proving a valid contract existed in the first place may be difficult, as mentioned above).

These may prove to be smarter moves on your part than posting about your situation online (which could, other than annoy this one performer, make it harder for you to locate another performer willing to work with you in the future). A letter from the attorney, or initiating a small claims action, is bound to be a more effective way to get the non-payment issue resolved with this performer than to write about him in a blog.

 

[angrysoundguy]

Thats what I thought. He sues me and I still lose (financially), even if I win the case.

Thats why I was wondering about changing names, having a disclaimer on the page saying that the content "may or maynot be true" or that it "may or maynot be opinion".

I figured, since the guy is an entertainer, there are some exceptions for that, but on the other hand he is just a minor local figure that no one knows nationally.

The other thought I had, South Park has a disclaimer before every show and they use real names referring to real people, but then again, they make money hand over fist and most likely have an army of lawyers ready to go when each episode goes on air.

 

[quincy]

"South Park" has been sued in the past. Like I said, disclaimers do not prevent lawsuits. They may only serve to mitigate the damages awarded should the poster of the disclaimer lose a suit. And, yes, shows like "South Park" have more money to spend on attorneys than you or I.

"The Simpsons" had the genius idea to parody people by having the people they are parodying appear as themselves in the episodes. No lawsuits there.

The bottom line is that a "may or may not be true" or a "may or may not be opinion" disclaimer would do little to protect you from a lawsuit, especially if this performer is intent on suing you.

Why don't you try to collect what you are owed through normal legal channels???

 

[angrysoundguy]

What happened was I was told that I'd get paid X for one gig and the same amount for a gig the following night. I got half of X at the end of the first gig and was told that the rest wold be paid the following night. I received half of X after the 2nd gig and was told that I could pick up the remainder at the musician's house. He said that he needed to wait for the money to transfer to his account before I was paid. Then the guy stopped returning my calls and emails. Eventually he wrote me back and stated that his band had taken a vote and decided that they weren't going to pay me any more. I replied and said that if he didn't pay me then I'd post what had happened on our local craigslist.

So he didn't pay and I posted it. Then for a couple days there were lots of angry posts back and forth, but from the guy that owes me money and from other musicians who he has wronged. All those posts were flagged and taken down, but I was able to cut and paste the majority of them. A friend of mine had several emails back and forth with the guy, which ended up with that musician threatening to hunt him down and hurt him. Another person had received a threatening phone call from that guy.

Things have calmed down a bit and I'm just not sure what to do. If I were to take him to small claims court, all I have is an email from that guy stating that his band had "to a vote and found that you have been paid in full. For services rendered" and an email from their bass player stating that they never took a vote and he had no idea what was going on. Problem is that I don't have anything, either in writing or in email stating what that specific amount is. Just my word against his.

The other thing he has said to me is "This young man will meet up with the wrong person and will have his ass kicked as it should be" but that is on craigslist. It isn't an email and it doesn't have his name signed to it.

The only other thing I have is that a friend of mine corresponded with this guy and it ended up with that guy threatening my friend and his fiance with violence.

What I'd like to get out of it:

1. I'd like to get paid, but that looks doubtful due to me being foolish and not getting a signed contract. So....
2. Why not make a website, put all of the emails and craigslist posts on it and hope that some day when someone googles this guy, my site will show up before his. But I suppose I may get sued for that so,
3. Why not change the names and put the story out there. Its so bizarre and to someit'll be entertaining and perhaps a reminder to people to get contracts signed and get paid in advance.

Sorry for the wall of text!

 

[quincy]

Ah dear, angrysoundguy. I don't blame you for being an angry sound guy, but I am not seeing the wisdom in posting online anything that specifically targets or anything that could link the musician to what you write.

And a "your word against his word" suit is a difficult one to win even under the best of circumstances - and these best of circumstances do not seem to exist in your case.

What complicates the matter for you is that this musician did pay you after each performance and you accepted this pay, even though the X amount of dollars you were given each night was less than the XX amount of dollars you expected.

Whether you can collect in court now what you believe is owed may be too much to hope for, based as a suit would be on an iffy oral agreement with this musician and iffy email exchanges and anonymous postings on Craigslist that do not clearly support your contention that you are owed more money, and an email that clearly shows that the musician believes you have been paid in full.

Even if you have a whole parade of people willing to say that this musician sucks, that has no relevance to your agreement with the musician. If you have a reliable someone who can honestly say that you and the musician agreed upon XX amount of dollars and you were paid only X amount of dollars then you could potentially have an action you could win.

Although I really hate to rub it in, most people will get a contract in writing, to avoid the very situation you find yourself in now. Warning others to get signed contracts could be worth blogging about, and there could be some value in relating your story as an example of what can happen if you don't. But, if you are sued by this musician over anything you write, you would want proof that what you wrote is true. I am not seeing that you have this proof.

You could have an attorney review the facts to better assess your risks, and you could have an attorney review your writings prior to publication online to eliminate risks, and an attorney in your area may be able to provide you with additional legal avenues open to explore.

Or, I suppose, you could just consider this a hard lesson learned and move on - a poorer than expected sound guy after your encounter with this musician but a smarter sound guy when it comes to getting all agreements in writing in the future.

 

[angrysoundguy]

Thanks for all the advice, I definitely appreciate it. Moral of the story is contracts, money in advance and even if something actually happened, what matters is the proof.

One question I have is in regards to this:

What complicates the matter for you is that this musician did pay you after each performance and you accepted this pay, even though the X amount of dollars you were given each night was less than the XX amount of dollars you expected.

If I have a signed contract, but someone pays me a portion of it in cash and we make a verbal agreement (but with no witnesses) for that person to pay the remainder on another day, am I setting myself up for the same scenario? Or do I refuse payment until the entire amount can be paid in full?

 

[quincy]

Yup. That's the moral of the story.

In the future, when you have a signed contract where all of the terms of your agreement are spelled out nicely, do not make any oral agreement to alter the terms of the contract. If you decide to accept partial payment with the remainder due later, make sure to get this changed agreement in writing, signed by both of you and, preferably, witnessed and signed by a neutral third party.

Written contracts protect both of you from any disagreements that may arise. A written contract, with receipts upon payment, can be especially important when dealing in cash. A check is a written record of payment whereas cash amounts can be disputed. You can say a person gave you $50 and the person can say he gave you $100. Keep written receipts for all dollar amounts that are paid. These receipts should be issued by the payer to the payee and both of you should have a copy.

Everything should be documented, this so that if a problem arises and the problem winds up in court, you have the written proof to support your side. You never want to place yourself in a position where a contested matter becomes someone else's word against yours.

Quite frankly, you are probably not going to run into many people like this musician in your career or in your lifetime. Most people are honest and will honor and uphold agreements, both oral and written. But it is always wise, anyway, to treat all agreements as if they will one day be disputed in a courtroom before a judge.