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Music Publishing Nightmare

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XayScott

Junior Member
What is the name of your state (only U.S. law)? California

I'm locked in a publishing deal and they are basically refusing to mediate the situation between me and another client who shares the same publishing I do to come to terms on composer shares on a song and are basically taking the other party's word as far as shares go. Every lawyer I speak to on the phone is refusing my case (I keep getting asked why would I sign with a company that doesn't have my back as if that's something I would have known beforehand) and saying I have to work it out amongst the publisher and parties involved but that's impossible when everyone is ignoring all contact and being very hostile when I ask about the situation. What are my rights and options in this matter?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? California

I'm locked in a publishing deal and they are basically refusing to mediate the situation between me and another client who shares the same publishing I do to come to terms on composer shares on a song and are basically taking the other party's word as far as shares go. Every lawyer I speak to on the phone is refusing my case (I keep getting asked why would I sign with a company that doesn't have my back as if that's something I would have known beforehand) and saying I have to work it out amongst the publisher and parties involved but that's impossible when everyone is ignoring all contact and being very hostile when I ask about the situation. What are my rights and options in this matter?
You will need to refer to the contract you have with the publishing company to determine your rights and to see how you can terminate the contract if it is not meeting your needs.

You can probably pay an entertainment lawyer to read over your contract and provide advice and direction.

Although I agree with the attorneys you have spoken to that percentage of ownership is a matter that must be agreed upon by the parties involved if there is not already a contract in place that dictates ownership, absent any contract to the contrary, the US Copyright Office will consider all joint authors to share copyrights equally.
 
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Zigner

Senior Member, Non-Attorney
When you call attorneys, have you offered to pay a full retainer up front for them to work for you?
 

quincy

Senior Member
When you call attorneys, have you offered to pay a full retainer up front for them to work for you?
I think that offering to pay an attorney for his time certainly would help interest an attorney in the matter, enough for the attorney to, at the very least, review the publishing contract for XayScott and offer an opinion.
 

XayScott

Junior Member
I think that offering to pay an attorney for his time certainly would help interest an attorney in the matter, enough for the attorney to, at the very least, review the publishing contract for XayScott and offer an opinion.
I actually have but have been told being that BMI has a freeze on royalties and we are apart of the same publisher we have to sort it out amongst ourselves but that's hard to do when the publisher is siding with solely one side and putting me on "take it or leave it" terms on a song we had no agreement or real communication on
 

quincy

Senior Member
I actually have but have been told being that BMI has a freeze on royalties and we are apart of the same publisher we have to sort it out amongst ourselves but that's hard to do when the publisher is siding with solely one side and putting me on "take it or leave it" terms on a song we had no agreement or real communication on
If it is "take it or leave it," have you considered the "leave it" part?

Again, you need to review the terms of your contract as that should determine your contractual obligations to the publisher. Perhaps your contract leaves you with no choice but to accept what is being offered but it is impossible to say from your postings.
 

XayScott

Junior Member
If it is "take it or leave it," have you considered the "leave it" part?

Again, you need to review the terms of your contract as that should determine your contractual obligations to the publisher. Perhaps your contract leaves you with no choice but to accept what is being offered but it is impossible to say from your postings.
I have the right to sue as I am in the same state but am being told I have to mediate amongst my publisher first which again is impossible if I'm being given the runaround or am getting hostile and dismissive replies like "Progress for us is getting you paid. You got the advance didn't you?" When I ask why songs are missing from my royalty staments and "We reached out to so and so but he insists that what's there is correct to us and
BMI". I'm playing a losing game following the advice lawyers are trying to give as I tried it already for over a year now which is why I am even seeking a lawyer.
 

XayScott

Junior Member
In fact I was given an advance as I was being told the song was doing well and then when royalties came out it turned into "Being your signing date you shouldn't be seeing royalties at this time" when there are people who have signed after me, got an advance and recouped and profited already off that advance. It's becoming obvious favoritism or that there is something fishy going on now. I'm out legal expert though so I wouldn't know. Can't solve my situation though if no one is even hearing me out. I did apply for mediation from an actual firm though. Hopefully that works better for me
 

quincy

Senior Member
I have the right to sue as I am in the same state but am being told I have to mediate amongst my publisher first which again is impossible if I'm being given the runaround or am getting hostile and dismissive replies like "Progress for us is getting you paid. You got the advance didn't you?" When I ask why songs are missing from my royalty staments and "We reached out to so and so but he insists that what's there is correct to us and
BMI". I'm playing a losing game following the advice lawyers are trying to give as I tried it already for over a year now which is why I am even seeking a lawyer.
I am having a hard time understanding your situation.

And I am not exactly seeing for what reason you would sue.

What you probably need is an agent.
 

XayScott

Junior Member
I am having a hard time understanding your situation.

And I am not exactly seeing for what reason you would sue.

What you probably need is an agent.
I am being told I need signed documentation which I cannot obtain as everyone involved with the creation is ignoring my calls and my publisher refuses to act on my behalf. What are my options in this case?
 

XayScott

Junior Member
I am having a hard time understanding your situation.

And I am not exactly seeing for what reason you would sue.

What you probably need is an agent.
I cannot get in contact with the artist of the song, the other composer is signed to the same publisher as the artist, and me and third composer of the record are signed to the same publisher but they are acting on his behalf only and leaving to just accept whatever the composer who registered it should have when we had no prior agreement and he even tried leave me and the other composer off splits completely and take a 50/50 split between him and the artist before I noticed it and disputed it which led to BMI saying I needed signed documentation and permission to get proper percentages on a composition I started if that makes any more sense
 

Zigner

Senior Member, Non-Attorney
Can't hire what doesn't hear my case out and disregards the retainer I put on the table though
I don't believe you've put any retainer on the table. And, if you HAVE offered to pay what they would be asking ($300-$500 per hour, 10 hours retainer probably), and you were still turned down, then it's pretty obvious you don't have any case to be heard.
 

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