GoodDad2012
Junior Member
What is the name of your state (only U.S. law)? Oregon
Greetings. I had such a great response to another legal matter I thought I'd throw this out there.
I am a music producer and have a good track record with no lawsuits. Except now. A singer I was working with in 2011 gave me $6000 paid out over 3 months. I admit to writing the memo deal as a "loan" with a hefty interest that she now claims is $6k principal and $2k interest. Here are the issues: we both referred to it as an investment because I was working on some online web/music applications and we also have in the agreement that the payments and amount owed would be in consideration against musical services (production, recording, etc.) I co-wrote and produced a number of songs for her, recorded her, arranged and created the tracks, edited and remixed one of my own musical pieces for a special performance of hers, rehearsed with her, coached her for live performances, performed keyboards for her, helped her create a website, and introduced her to various industry friends. Most of the work is unfinished because she was often unavailable to do final vocals or respond promptly to book studio time. I have all of this as evidence and it's impressive. Additionally, as part of our deal and my "spec work," I had also part of the rights to the songs we worked on.
Towards the end, she started dating a man twice her age and things fell apart. At the end, she asked for all of her rights back and because I cared about her and didn't expect to get into a legal situation with her - I gave them back. (I can easily write songs all day long myself so it wasn't THAT big of a deal.) More strange, was that over the next two months, she cancelled her cell phone, deleted her website and Facebook page and was MIA. This was someone who LOVED to be in the spotlight - so for her to go missing was freaky.
When she resurfaced (still very cloak and dagger), she wanted all of her money back plus $2000 but I didn't have it. I offered to make payments of $500 per month but we needed to talk about the amount because of the rights and the production work that was performed. It was supposed to be in consideration of the $6000 loan. Shortly after her "no", I got served by the sheriff for $8000 in Small Claims.
I don't care to get nasty and fight but I also don't want to be taken advantage of and so I'm looking at every angle to put this to rest before our mediation date of March 7. Since the interest is effectively $2000 does that amount to usary in Oregon? It seems that even if parties agrees to a high interest rate, if it's too high, then it can fall under state usury law thereby voiding the agreement? True? Would that trump all the rest of my issues?
Furthermore, the agreement says the loan amount and repayment will be in "consideration of future musical production, services and rights." So under the deal, since my services start at $1500 per song, I'm well above the principal and paying any interest - so since I never officially "charged" her for all the time I spent with her or on her music (I didn't even get gas money for any of the gigs I went to perform with her on), and since I granted her rights back and the songs never were finished - there is no benefit of the music to me. It's useless. There is nothing ready for sale to possibly make money. Does this matter? Can I and should I counter-sue?
I just want to put some sense into her and get this off my back. I don't want to beat her up with all of this but I also don't think it's fair that I did all this work, granted her rights back - PLUS have to pay all the money back PLUS pay a crapload of interest. A loan shark may have been cheaper!!
Thanks for any help.
Greetings. I had such a great response to another legal matter I thought I'd throw this out there.
I am a music producer and have a good track record with no lawsuits. Except now. A singer I was working with in 2011 gave me $6000 paid out over 3 months. I admit to writing the memo deal as a "loan" with a hefty interest that she now claims is $6k principal and $2k interest. Here are the issues: we both referred to it as an investment because I was working on some online web/music applications and we also have in the agreement that the payments and amount owed would be in consideration against musical services (production, recording, etc.) I co-wrote and produced a number of songs for her, recorded her, arranged and created the tracks, edited and remixed one of my own musical pieces for a special performance of hers, rehearsed with her, coached her for live performances, performed keyboards for her, helped her create a website, and introduced her to various industry friends. Most of the work is unfinished because she was often unavailable to do final vocals or respond promptly to book studio time. I have all of this as evidence and it's impressive. Additionally, as part of our deal and my "spec work," I had also part of the rights to the songs we worked on.
Towards the end, she started dating a man twice her age and things fell apart. At the end, she asked for all of her rights back and because I cared about her and didn't expect to get into a legal situation with her - I gave them back. (I can easily write songs all day long myself so it wasn't THAT big of a deal.) More strange, was that over the next two months, she cancelled her cell phone, deleted her website and Facebook page and was MIA. This was someone who LOVED to be in the spotlight - so for her to go missing was freaky.
When she resurfaced (still very cloak and dagger), she wanted all of her money back plus $2000 but I didn't have it. I offered to make payments of $500 per month but we needed to talk about the amount because of the rights and the production work that was performed. It was supposed to be in consideration of the $6000 loan. Shortly after her "no", I got served by the sheriff for $8000 in Small Claims.
I don't care to get nasty and fight but I also don't want to be taken advantage of and so I'm looking at every angle to put this to rest before our mediation date of March 7. Since the interest is effectively $2000 does that amount to usary in Oregon? It seems that even if parties agrees to a high interest rate, if it's too high, then it can fall under state usury law thereby voiding the agreement? True? Would that trump all the rest of my issues?
Furthermore, the agreement says the loan amount and repayment will be in "consideration of future musical production, services and rights." So under the deal, since my services start at $1500 per song, I'm well above the principal and paying any interest - so since I never officially "charged" her for all the time I spent with her or on her music (I didn't even get gas money for any of the gigs I went to perform with her on), and since I granted her rights back and the songs never were finished - there is no benefit of the music to me. It's useless. There is nothing ready for sale to possibly make money. Does this matter? Can I and should I counter-sue?
I just want to put some sense into her and get this off my back. I don't want to beat her up with all of this but I also don't think it's fair that I did all this work, granted her rights back - PLUS have to pay all the money back PLUS pay a crapload of interest. A loan shark may have been cheaper!!
Thanks for any help.