Help with publisher gone bust

[adrienne]

Hey all. I'm in a bit of a bind and could use your help. I signed a contract with an indie publisher located out of Ireland. The most important part of the contract states the following:2) Distribution of the compilation will start in January of 2009 to iTunes, Napster, Virgin and other major retail and online outlets. 50% of the revenue from each artists’ track will be paid back to the artists. This will be paid on the 1st JULY 2009 and thereafter every 6 months. In the event we successfully license one or all of the masters to a third party "Publisher Name" will retain 50% of any deal we complete. The compilation did not get released in January as planned. The last I heard from them was Feb 23/09 where they said it was uploaded on both their webstore and with their distributor and should be active in 8 weeks. They never contacted me again but I did see that it was up on iTunes around April so I'm not sure when it became available. I had previously emailed the contact with the publisher twice about how to collect my royalties, once in September and once in October but never received a reply. I've been checking royalty statements with my PRO only to remember that SOCAN (in Canada) doesn't collect royalties for online distribution. I emailed the publisher once again a few days ago and got a "delivery failure" message so their email has been discontinued. And when I go to their website, it doesn't exist anymore.Help! What recourse do I have? My song is still on iTunes and someone is making money off it none of which I'm seeing. Plus they could be licensing my song without my knowledge and I'll never know. What should I do?Thanks!

[mojobone]

No expert here, but I'd say 1.) contact your lawyer and 2.) contact iTunes. You can probably expect your monies to be tied up in bankruptcy court in any case, but a qualified entertainment atty can tell you what your options are.

[davewalton]

Yes... a legal matter will require a lawyer most likely. It may be that pursuing is more expensive than it's worth but you can certain get advice of the best way to proceed (to keep yourself within legal boundries).Very sorry to hear that.

[adrienne]

Thanks guys. The lawyer fees will cost me way more than I ever would have earned from this. I just wish that they couldn't keep making money off me (even if it's cents) without me being able to do anything. My first chance at earning income from my music gone bust.

[devin]

Very sorry to hear this Adrienne...a bummer for sure. At least knowing your legal options are important, even if you don't persue.I would still contact SOCAN about it, with a phone call. My father recently had to sort out some ownership issues with songs he did in the 60's, and the publishing rights were transferred several times between companies that were bought out/went under/consolidated etc. SOCAN was able to help him (finally) sort it out.Even if they don't help (due to the "on-line" clause), you'll be letting them know what you are up against. You never know if your input and experience may change policy of how everything works (slim chances, but still, it's important to over communicate these things).It's painful to lose that first chance...but you never know if the rights were transferred to someone else who may contact you. Besides, the first chance is the hardest...you can do it again

[gitarrero]

hey adrienneit was good meeting you at the rally.to your post: sorry to hear that - troubles like this is definitely not the thing one want.if you don't have the money for an entertainment atty then you might consult a) the legal departement of your PRO (they helped me several times & even checked & explained contracts in the beginning of my little carreer), b) sometimes students of legal stuff (..how is that called in english ... "laywer-student"??;)) offer free or very reduced consultations.also, you could try to contact the platform your music is on & ask for removing it (so it doesn't generate royalties you'll never see) and then (if that is your goal) find a new publisher.and sometimes it's easier & more efficient to let one thing simply go - if it's not worth time-, money- & energy-wise. I had several of such "cases" - I know for sure that I won't work with those individuals again except if they transfer a pile of money to my account in advance best of luck!martin

[jonathanm]

Wow, thanks for sharing this experience, Adrienne.Does anyone know of a way around this for future reference? Should there be a reversion clause in case of insolvency or something like that?

[mojobone]

Yeah, contacting your PRO is an excellent suggestion, and one I shoulda thought of. (D'oh!) PROs have deeper pockets and lawyers on retainer. You may also be able to issue a DMCA takedown order to iTunes. (DMCA is US law, but iTunes operates in the US-though it may not be an option unless a co-writer resides here) I think law students are specifically forbidden to practice law, they have to pass the bar, even if they've earned a degree; this might be different in your country. (we do have charitable Legal Aid groups that can provide some services)