Matt.Hepworth Posted December 31, 2002 Posted December 31, 2002 Okay, you are hired to record an album, at a special rate since you know everybody in the band, and you stupidly didn't collect payment before giving the final CD. Then this CD still unpaid begins circulating and selling - you own that CD, correct? I know you would not own the songs, but this is services and tangible goods rendered, right? Just like if a person hands a painter a photo of a loved one and the painter paints it for them, it is the painter's work, and property until paid for, even though he did not originate the picture. No matter how good something is, there will always be someone blasting away on a forum somewhere about how much they hate it.
Anifa Posted December 31, 2002 Posted December 31, 2002 Okay Matt, Here is an article published outlining non-payment of services rendered. Hopefully you had some kind of written terms; from the sounds of it you may not have signed the terms in stone and possibly went on a Gentleman's Agreement. I'm going to peek around a bit to see what else I can find, but here is the link about collections. You might find something useful... if not, it can help to prepare you for your next clients. [url=http://www.bankrate.com/bzrt/news/biz/Cashflow_banking/20000107.asp]Small Business: Collecting and Follow-up[/url] You can take the man away from his music, but you can't take the music out of the man. Books by Craig Anderton through Amazon Sweetwater: Bruce Swedien\'s "Make Mine Music"
Anifa Posted December 31, 2002 Posted December 31, 2002 Matt, Here is something a little more directly related to your situation. The URL takes you to the exact page where the information resides, but you may use the arrows located at the bottom of the article to access previous or succeeding pages. [url=http://home.earthlink.net/~optimacal/entertainment/sound.htm]Copyright and "Sound Recordings"[/url] Good Luck to you You can take the man away from his music, but you can't take the music out of the man. Books by Craig Anderton through Amazon Sweetwater: Bruce Swedien\'s "Make Mine Music"
Matt.Hepworth Posted December 31, 2002 Author Posted December 31, 2002 Excellent, thanks! No matter how good something is, there will always be someone blasting away on a forum somewhere about how much they hate it.
Chaz Posted December 31, 2002 Posted December 31, 2002 My initial thought and question is why in the world did you release a finished product (CD) to a client who has not paid for it first? :confused: Even if you know someone personally....in this business you get the money first before they receive the goods. Otherwise, you might as well write off seeing your $$$. Hopefully, the lesson is learned and you will not do this ever again unless you intentionally do not plan on getting paid for the job. This may seem harsh, but it is the reality of doing business in this industry. Welcome to the school of hard knocks! Just my 2 cents. :cool: Haven Music Productions Tampa, FL www DOT havenmp DOT com
where02190 Posted December 31, 2002 Posted December 31, 2002 I'm not sure why this post was addressed to me, I am certainly no expert on the law. However I'd say you need good solid legal counsel ASAP. Never ever give away the final product unitl it is paid in full. Always hae a contract, even if they are friends. Hope this is helpful. Hope this is helpful. NP Recording Studios Analog approach to digital recording.
Matt.Hepworth Posted December 31, 2002 Author Posted December 31, 2002 Where, you always seem to have advice in contractual matters, that is why I gave the nod. I appreciate all the info and replies. Last night I recieved a little over half what I was owed, with promise of payment in full to follow within one week. I have recorded many albums, many for people that I knew, some for "friends". This was the first time that I wasn't fully paid prior to releasing the master, and it will definitely be the last. The biggest kick in the face for me is that I was only charging HALF my rate for these guys, being as they were friends and the neighborhood band, and such. Another exception I will never again make. Peace. No matter how good something is, there will always be someone blasting away on a forum somewhere about how much they hate it.
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