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Producers Property?

Discussion in 'Band Management [BG]' started by and_Justice, Aug 31, 2003.


  1. and_Justice

    and_Justice

    Jan 14, 2000
    Last year we had begun recording a demo. We never did finsih it, but the majority of the songs were recorded. The engineer who recorded the material still has the bed tapes. Should we be getting those back? Does he now have any rights over our songs? We never did sign anything with him.
     
  2. Munjibunga

    Munjibunga Total Hyper-Elite Member Gold Supporting Member

    May 6, 2000
    San Diego (when not at Groom Lake)
    Independent Contractor to Bass San Diego
    Now, was he the engineer or the producer? What was the nature of your verbal agreement? (That is your contract, and it is as valid as a written contract.) Did he agree to finance the production of the album, or have you paid him in full for his services and materials? If you paid him for his services and materials, the tapes/discs are yours. If he paid for everything, you're going to have a bit of a fight on your hands, although you should hold the copyright to the material, so he can't legally benefit financially from them. Unless, of course, you agreed verbally that he had such rights.

    I'd suggest that you discuss the status of the product with him. They're of no value to him, unless he hasn't been paid for anything. He may just want you to reimburse him to get them.
     
  3. and_Justice

    and_Justice

    Jan 14, 2000
    Thats the funny part. I try and pay for them, but he is reluctant to accept the full payment. The agreement was that we would produce, he would strictly engineer. His reluctance to pay was making me suspicious, hence this post.
     
  4. lbanks

    lbanks

    Jul 17, 2003
    Ennui, IN USA
    Don't sound right to me...
    Know any lawyers?:(
     
  5. Munjibunga

    Munjibunga Total Hyper-Elite Member Gold Supporting Member

    May 6, 2000
    San Diego (when not at Groom Lake)
    Independent Contractor to Bass San Diego
    Have you tried, "I'd like to get our tapes. Please give them to me."?
     
  6. and_Justice

    and_Justice

    Jan 14, 2000
    Well im sure that if i insisded i could re-claim them. But that would also mean paying a few hundred bucks. If he cant do much with the tapes, then theres no reason for me to be concerned. Thats what i was wondering about, what can he do with them?
     
  7. lbanks

    lbanks

    Jul 17, 2003
    Ennui, IN USA
    Was there any original material? Any particularly good commercial hooks? I ask this because in '75, playing trombone at what was supposed to a audition, along with the sax and trumpeter of my band, we got ripped. Our audition was to create horn arrangement for a song named "Be Young, Be Foolish". We never heard from the producer again, but we heard our horn arrangement behind a regional singer act, playing on a Jackson, Miss. radio station. I'd better not name the singer. We didn't have a legal leg to stand on(no contract and no proof). The only way we knew was by flaws in the sound of the sax. The only satisfaction we got was recording it with our own band (a flop, but loved at Miss. St University) and doing a 'Tommy Vercetti' on the producers car.;)
     
  8. and_Justice

    and_Justice

    Jan 14, 2000
    Yes, it was an original demo cd that we never finsihed. It was all about the hooks. We have proof that a few of the songs are ours. The were on a demo cd done a year prior to the one in question.
     
  9. lbanks

    lbanks

    Jul 17, 2003
    Ennui, IN USA
    In that case, I'd refer you to Munjibunga's post. And prepare to release the Law-dogs of war...
    But, in any case, get your material under your control. This is very important (IMO).
     
  10. and_Justice

    and_Justice

    Jan 14, 2000
    sigh . . . know any good lawers?:(
     
  11. lbanks

    lbanks

    Jul 17, 2003
    Ennui, IN USA
    that maybe an oxymoron...but, no...
     
  12. Munjibunga

    Munjibunga Total Hyper-Elite Member Gold Supporting Member

    May 6, 2000
    San Diego (when not at Groom Lake)
    Independent Contractor to Bass San Diego
    If the songs are any good, I'd pay the couple hundred and get the tapes. Then trash his reputation after that.