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to sue or not to sue? Where do I stand

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Jimmie Jones

Junior Member
What is the name of your state? NV

My band is signed to an indie record label and the contract clearly states that all contract issues that require legal intervention must be filed in the State of California. (side note)

My dillema:
The label had set a release date of November 16th 2004. As of posting this they have not released the CD (today is December 22nd 2004), have not sent me a total of 800 CD's which is stated in the contract I am to receive, and keep giving me a line of bull regarding sending the contracted amount of CD's and simply doing nothing regarding releasing the CD to the general public.

My problem is-this is a business venture and I have people waiting to be able to purchase their CD's. I have lost potential sales due to the delay for no reason and with them refusing to abide by the release date they set and not sending me the contracted number of copies of the CD I can not collect on revenues.

My questions: Can I file a lawsuit against the record label for lost revenue at the rate of the contracted royalties ($3.50 per cd) per potential CD sale lost daily (loose daily average of possibly 10 CD's) from the time they clearly stated they would release the CD to present?

And, can I file this from my location in Nevada or do I have to contact a law firm in California?
 



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