What is the name of your state? New York
I was signed to a record label for 5 years during which time I received no payments for royalites or even accounting statements. By the terms of the contract, I was to be accounted to bi-yearly. After 5 years of not being paid, I hired an attorney to serve the label with a demand for my accounting. In this letter, we demanded an accounting for both recording and mechanical royalties. The record company sent what they described to be a "preliminary accounting". The document was sloppy and incomplete with no accounting for mechanical royalities. After 60 days had passed, we sent notice to the company that the contract was now null and void. This was based on their own terms set out in the contract in which they would have 60 days to rectify any accusations of breech. They got their 60 days, they did not rectifiy.
Nonetheless they refused to recognise my release from the contract. Their argument was based on the fact that I had once signed a memo in which I agreed to pay them back for t-shirts and cds they had supplied me to sell on the road. In the memo, I had agreed that the money I owed them for the merchandise could be deducted from any monies owed to me. But nowhere in the memo did I agree to forego receiving an accounting. But the label then began insisting instead that I should account to them for the sales of my t-shirts. Again there is no mention in my contract of any requirment on my part to account to them. My attorney assured me that I was free from the contract.
The problem now, is that my former record company has been jeopardising current opportunities and blocking trade by contacting my associates, making threats and claiming that I am still under contract to them. I have already lost business. They are ruining my ability to continue trade. Their claims are unfounded but they are still managing to destroy my life. Most companies shy away from the thought of getting embroiled in a legal battle.
A week ago, the owner contacted me and offered a brand new contract with unbelievably favorable terms. In his email, he offered to "start afresh" if I would agree to come back to the label. The next day he seemed to have changed his mind and once again began insisting that I was still signed to his label. I can't see myself working with this man again. I suffered health problems and a lot of severe anguish the first time around. But I get the impression that he has decided that I either work with him or not at all. He seems to be doing his best to insure I am unable to work with anyone else.
I feel confused and harrassed. Do I have a case for libel? The accusation that I am still signed to the label is untrue. Is the onus on me to prove that I am free? What is the best way to proceed?
During my 5 years with the label, I felt abused and bullied. After having left the label 2 years ago, my health and quality of life has improved. Now that he is back on the scene, I am suffering unbearable duress again. I feel as if I'm being stalked. I feel trapped, cornered and unable to carry on with my livelihood and lifelong passion. Do I have a legal case to defend my career?
I was signed to a record label for 5 years during which time I received no payments for royalites or even accounting statements. By the terms of the contract, I was to be accounted to bi-yearly. After 5 years of not being paid, I hired an attorney to serve the label with a demand for my accounting. In this letter, we demanded an accounting for both recording and mechanical royalties. The record company sent what they described to be a "preliminary accounting". The document was sloppy and incomplete with no accounting for mechanical royalities. After 60 days had passed, we sent notice to the company that the contract was now null and void. This was based on their own terms set out in the contract in which they would have 60 days to rectify any accusations of breech. They got their 60 days, they did not rectifiy.
Nonetheless they refused to recognise my release from the contract. Their argument was based on the fact that I had once signed a memo in which I agreed to pay them back for t-shirts and cds they had supplied me to sell on the road. In the memo, I had agreed that the money I owed them for the merchandise could be deducted from any monies owed to me. But nowhere in the memo did I agree to forego receiving an accounting. But the label then began insisting instead that I should account to them for the sales of my t-shirts. Again there is no mention in my contract of any requirment on my part to account to them. My attorney assured me that I was free from the contract.
The problem now, is that my former record company has been jeopardising current opportunities and blocking trade by contacting my associates, making threats and claiming that I am still under contract to them. I have already lost business. They are ruining my ability to continue trade. Their claims are unfounded but they are still managing to destroy my life. Most companies shy away from the thought of getting embroiled in a legal battle.
A week ago, the owner contacted me and offered a brand new contract with unbelievably favorable terms. In his email, he offered to "start afresh" if I would agree to come back to the label. The next day he seemed to have changed his mind and once again began insisting that I was still signed to his label. I can't see myself working with this man again. I suffered health problems and a lot of severe anguish the first time around. But I get the impression that he has decided that I either work with him or not at all. He seems to be doing his best to insure I am unable to work with anyone else.
I feel confused and harrassed. Do I have a case for libel? The accusation that I am still signed to the label is untrue. Is the onus on me to prove that I am free? What is the best way to proceed?
During my 5 years with the label, I felt abused and bullied. After having left the label 2 years ago, my health and quality of life has improved. Now that he is back on the scene, I am suffering unbearable duress again. I feel as if I'm being stalked. I feel trapped, cornered and unable to carry on with my livelihood and lifelong passion. Do I have a legal case to defend my career?