Problem with a Recording Studio

[andyourexcuseis]

I know I've been an idiot who allowed this to go on too long, but here's my story, anyway. I have e-mails that back up most of this, and witnesses that back up the parts that I don't have e-mails for. A year ago (March 21, 2007, to be exact), I contacted these people about recording and producing a 5-song demo of my original songs for me. They replied that they had heard my music, thought I was worth investing time in, told me that they would work on the songs until I was happy with them, that I would get "world-class production," and they'd do it all for a flat rate of $3,500. He told me that it would be half down, half on delivery. This fee would include recording, performances, musicians, engineering, mixing, and mastering all five songs until I was happy with them. The producer who wrote this all to me (in e-mails I still possess) told me repeatedly in this letter that the $3,500 would be all I would be charged and promised me that I would be happy with the finished product. I researched the company and the people involved with it, didn't find anything amiss, and agreed to their terms as he laid them out in that e-mail.The producer chose the 5 songs from my catalogue that he wanted to work on, and I paid him half the requested fee. I asked him for a contract that outlined what he and the company would be doing for me for the money, and he told me I'd get it "at the next session." We discussed how the songs would be arranged and recorded, what instruments would be used in what songs and where the instruments would be used. I was pretty happy with they way he described things to me. This was May 22, 2007. Since then:ten out of fifteen scheduled appointments in the studio were canceled by them I was told I could not show the one copy of the songs that they'd given me (which was just me playing guitar and singing over a metronome) to anyone, even if they'd invested in the project the producer showed the same tracks to a third party producer in California I did not know without my knowledge or consent I was bullied into paying the other half of the recording fee before the project was done receipts were not provided to me for 6 months a contract was provided to me only after 5 months of begging, and then, the contract they sent me was plagiarized from a web site, and asked for more money in the form of percentages of sales and advances. When I refused to sign the contract, they told me that they were ceasing work on my project and barring me from the studio and from hearing my songs which I had paid for - in full. Additionally, this "clause" of barring me from my songs and the studio for refusing to sign their contract (which, at one point, they claimed not to need) was never disclosed to me until I refused to sign the contract. It wasn't until I threatened to sue them that they dropped the issue and "worked" on my project again I was not allowed to hear any progress on the songs, and was, in fact, told by the producer that it was "industry standard" to keep paying artists "in the dark" until the producer and engineer felt the project was finished after negotiating with them for two months, they finally allowed me to hear one of the five songs, and it was NOTHING like they described to me it would be like. It was hurried, sloppy, and careless, as well. Other songs they've shown me since I threatened to sue them have also been nothing like we'd discussed. When I pointed this out to them, the producer threatened to quit my project altogether until I pointed out the original agreement in the e-mail he'd sent me. And my comments weren't "taking control" of the recording: if they'd been building me a house, my comments wouldn't have been telling them how to hang drywall, but that I didn't want the toilet in the kitchen. The producer admitted in an e-mail to me on November 15, 2007 that nothing had been done other than the one partial guitar track and the very terrible version of one other song. the producer constantly degraded my contacts, family, and friends, and even my talent, with which he'd been so enamored of 10 months earlier. Lastly, the producer told me in another e-mail that he didn't care if I was happy with the project.It's now been a year, and even their estimate of 400-600 hours (which would have put the finish date in October of 2007, since they didn't even start recording until July 15, 2007) is LONG gone, and they STILL aren't done, and they still only show me the crappy tracks that they've been "working" on if I nag them, and, even then, it's about every three weeks or so. At this rate, I'll be lucky to have a finished product by 2012.My question is, even though they've done some work on this, could I still sue them in small claims court? Do I have a case? I would like to get my $3,500 back and start over somewhere much more reputable. I realize that it's pretty 50/50 on whether you win in court, but this looks pretty open and shut to me: they haven't stuck to their original agreement hardly at all. I've drafted a "formal demand letter" to send them... should I send it and then file if they don't pay me back?Another question I have is... because I live in one state and they live in another, I know I'll probably have to sue them where they live... but is it possible that I could sue them where I live?Any advice on what I should do would be greatly appreciated. Thanks!

[davekershaw]

Wow! That's a terrible story.Seems the only person that could answer that is a lawyer.Let them look at the full facts. They'll give you a good idea as to your chances.Hope it turns out well.Dave.

[silvercord]

i hope you can get your money back, i wish i could give more advice, but i think Dave has it right in seeking a person that knows the legal aspect of this...here's to getting your dough back and finding the right hands to put it in next time!peacegeoff

[Casey H]

Wow, what a horrible story... So sorry to hear.You should confirm this with an attorney in your state, but you absolutely can sue them in small claims court. In most states, amounts under $10K have to be handled in small claims court. I'm pretty sure that you have the right to sue them in the county that you live in regardless of where they are. I would do it, even if to show them you won't take this crap from them and maybe save some others from getting ripped off. Keep records, canceled checks, everything...You could have a short consultation with an attorney to make sure you know the process or do some research on small claims in your state using the Internet. Lawyers don't generally get involved in small claims-- it would cost you more in their fees than you could collect.Take these b*stards to court!! Casey

[anne]

I have to agree with Casey - file a claim in small claims court or find a lawyer or both. You can represent yourself in small claims court just like in any other court, but this is a where it probably would be worth a couple of hours of an attorney fee to get your money back. People like this make me sick.

[ragani]

Wow, this is an awful experience. Downright dreadful! I would not only take them to court, but I'd also sue them for the attorney fees in addition to your "studio" fees. A good lawyer would be helpful, and you might even try a post on some of the lawyer forum sites (places like http://forum.freeadvice.com have lots of interesting posts and you can post your own queries). Keep us posted on this one. I'd like to know these bast**** got their comeuppance!Raags

[mewman]

This sounds terrible! I'd start by sending them a formal letter declaring your intent to sue them for breach of contract. Do not allow any personal attacks to goad you into any slanderous comments. Don't accept any of their finished work. Make sure you have copies of all your e-mails stating the original terms. Sorry to hear you got screwed like this. If you have e-mails from the "producer", as you claim, your case should be pretty cut and dry. Don't forget to call the better business bureau. Good luck!mewman

[Casey H]

Quote:This sounds terrible! I'd start by sending them a formal letter declaring your intent to sue them for breach of contract. Do not allow any personal attacks to goad you into any slanderous comments. Don't accept any of their finished work. Make sure you have copies of all your e-mails stating the original terms. Sorry to hear you got screwed like this. If you have e-mails from the "producer", as you claim, your case should be pretty cut and dry. Don't forget to call the better business bureau. Good luck!mewmanYes, definitely! Send them a registered letter/return receipt that says if you don't get a 100% refund within 10 business days you will file a suit in small claims court. Good luck...Casey

[kg]

Another small addition to the pile of things you'll need to do between filing and potentially getting a lawyer is to file a complaint with the BBB if you can. In some states the BBB investigates as well and will have information that can aid you if you are representing yourself. I hope this works out well for you and that they get what they deserve.

[andyourexcuseis]

First of all, thank all of you for replying! I'm so sorry I wasn't able to get back here and reply for a while; I had a host of house problems, from having to get my entire breaker box re-wired to having three plumbers come over in one day to fix one problem. Arg!Anyway, thank you all, again, for your replies! My husband is going file paperwork for me to file in small claims court, as he does this sort of thing for his boss all the time and he knows what he's doing. I'll let you know how it turns out!