Ripped Off

[XansNiceSweater]

My band recently paid $150 to be on a compilation album.
Now, I know that people don't usually PAY to be on compilation albums, but the money went to a local studio. It was a collaborative effort between the local venue, Swayze's, and the studio - and since we paid $100 + expenses [strings, etc] for a session that would have cost $400 usually, we were fine with it.

But here's the catch:
We weren't put on the album.

We asked Swayze's manager, who was also the album's executive producer, why we weren't put on. His explanation was creative, to say the least. He said that although he didn't really like the song all that much, he was going to put it on anyway - BUT there was an error with the publishing company, and a few bands got dropped.
I called the studio to ask if that was true - the only other band that was dropped was dropped because they directly violated the contract, and that the only problems they had with the publisher was that the art direction was screwy.

So, we were cut from the album without being notified in advance (Swayze's had the album for over a month before releasing it). They lied to us about why this happened. They will not refund our money. They will not give us the recording of the song, which we legally own the rights to.

Any thoughts as to what to do about this, if anything?

In that last paragraph, "They" means Swayze's, since the studio has been great about the whole thing and has decided to remaster the song for free and then send it to us.

As a side note, not only were we deemed "not good enough", but Swayze's' manager has said that the reason we never draw big crowds is because live, we just sound like incoherent screaming and random noise.
Speaking of incoherent screaming and random noise, here's some bands that did make the compilation.
Axial Discorrelation
Horcrux
ThunderxC*nt
So clearly it's not because we're incoherent screaming and noise [PS, we're not, check our myspace.]

By the way, those are some of the better bands.

Anyway, any insight?
What should I do?
Why would they do this?
etc. etc.

Thanks in advance!

[TrooperFarva]

You said another band directly violated 'the contract' and was dropped as a result. Did you also have a contract? What were you guaranteed in the contract? If the contract states that your work was to be published on the compilation album, and that never happened, it should constitute breach of contract, and you're legally entitled to a refund.

[musicman5string]

Originally Posted by XansNiceSweater

We asked Swayze's manager, who was also the album's executive producer, why we weren't put on. His explanation was creative, to say the least. He said that although he didn't really like the song all that much, he was going to put it on anyway - BUT there was an error with the publishing company, and a few bands got dropped.

This to me sounds like the typical music buisness bull**** slimy people do all the time: The guy makes it sound like he's done you a favor first (didn't really like the song but was going to put it on anyway), then screws you (an error with the publishing company).

[Ian Perge]

I'd recommend filling in Small Claims (Magistrate Court in Georgia) Court and scaring the p*ss out of him. It varies from state-to-state but typically the filing fee is nominal ($45 to $55 depending on your County) and is for damages up to $15,000. Read the linked page carefully, decided if this is something you want to spend your time involved in... but you will get his attention, and I'd imagine he's try to settle with you as it's taking up more of his time and money than yours and hopefully get your expenses and more taken care of.

[XansNiceSweater]

I've looked into it, and my parents are both lawyers -- it's just not worth the time to me.

The contract was worded in a sneaky way, too. Like, it technically says that he can put whatever he wants on the album.
But it also says that we are to be on the album, and that even if we aren't on there we get to keep the recording and get to play at the release show.

We did not play the release show.

[olaff421]

If it's not worth your time, then there's your answer.

Something happened along those lines near me recently except it was a battle of the bands garbage. All the bands had to sign contracts with the bar/company sponsoring it. The contract said that there would be 4 bands a night. The night we played there was only one that originally signed up scheduled, us. One of the other bands was a cover band that didn't compete, just filled some time. The other was a band that was called a day or two before. I don't even know if they had to sign anything.

The band that won STILL hasn't recieved any of the prizes. This was about 5-6 months ago. I don't know if they are doing anything about it legally (I know I would.) My band just got an invite from the same bar to do just about the same thing. We told them that we might accpet when the other band gets all of thier winnings from the last one.

My point for that kind of rambling rant is that word of mouth kind of gets some jobs done. Tell other bands about what happened to you and no one will want to work with the people, which will maybe get the point across better than waving legal papers around at them. Especially if all they would do is refund you.

[XansNiceSweater]

Well, we've told other bands, but the problem is that there are really no other clubs around to play.

The place is kind of a dive, and the owner wields a lot of power on the club scene - he's friends with the owners of other clubs in the state and tells other club owners not to book certain bands - so it's not a good idea to be on this guy's bad side.

Thanks for the tips, everyone -- keep 'em coming, I'm trying to get it all worked out.

[XansNiceSweater]

http://www.swayzesvenue.com

if you'd like to start some trouble on our behalf