Music Publishing Nightmare

[XayScott]

I cannot get in contact with the artist of the song, the other composer is signed to the same publisher as the artist, and me and third composer of the record are signed to the same publisher but they are acting on his behalf only and leaving to just accept whatever the composer who registered it SAYS should have when we had no prior agreement and he even tried leave me and the other composer off splits completely and take a 50/50 split between him and the artist before I noticed it and disputed it which led to BMI saying I needed signed documentation and permission to get proper percentages on a composition I started if that makes any more sense

Had to make edits. I am kind of heated and doing this from my phone my apologies smh

 

[Zigner]

Can't hire what doesn't hear my case out and disregards the retainer I put on the table though

Strange - it seems my post has disappeared

Pay an attorney. If you can't find a single attorney to take your money, then it's pretty obvious you don't have a case worth pursuing.

 

[XayScott]

Strange - it seems my post has disappeared

Pay an attorney. If you can't find a single attorney to take your money, then it's pretty obvious you don't have a case worth pursuing.

I reported you because you're being condescending and your posts have no value to the question at hand. It's obvious you're not even reading the thread as I stated why they are saying I have no case to pursue in their eyes but being that their advice is leaving me stranded in a bad deal I'm asking what are my options to hire someone to take it on.

 

[Zigner]

I reported you because you're being condescending and your posts have no value to the question at hand. It's obvious you're not even reading the thread as I stated why they are saying I have no case to pursue in their eyes but being that their advice is leaving me stranded in a bad deal I'm asking what are my options to hire someone to take it on.

In other words, you reported it because you didn't like what it said. The simple fact of the matter is that no attorney will turn down money if s/he feels you have even the slightest bit of a case...and I suspect that some would take your money even if they didn't.

ETA: I missed your last sentence. Your options would be to offer more and more money until you find someone who will take your case. Since entertainment attorneys get $500 per hour (pfft, that's probably low) and up, and since you can expect to be required to pay a retainer in the 10 hour range, you can expect to pay somewhere in the $5,000+ range to even get your foot in the door.

That's not condescending...it's fact.

 

[XayScott]

In other words, you reported it because you didn't like what it said. The simple fact of the matter is that no attorney will turn down money if s/he feels you have even the slightest bit of a case...and I suspect that some would take your money even if they didn't.

ETA: I missed your last sentence. Your options would be to offer more and more money until you find someone who will take your case. Since entertainment attorneys get $500 per hour (pfft, that's probably low) and up, and since you can expect to be required to pay a retainer in the 10 hour range, you can expect to pay somewhere in the $5,000+ range to even get your foot in the door.

That's not condescending...it's fact.

Now this is a reply I can respect. Thank you. I set up a consultation for Monday and am waiting on the firm who mediates these matters to get back to me

 

[Zigner]

Now this is a reply I can respect. Thank you. I set up a consultation for Monday and am waiting on the firm who mediates these matters to get back to me

LOL - you really need thicker skin. That's the same reply I gave you before.

 

[XayScott]

LOL - you really need thicker skin. That's the same reply I gave you before.

No not at all. You didn't give the insight you gave with the last post. You just need to learn to explain better and you wouldn't come off as a prick. Not here to argue though. Thanks for replying

 

[Zigner]

No not at all. You didn't give the insight you gave with the last post. You just need to learn to explain better and you wouldn't come off as a prick. Not here to argue though. Thanks for replying

I'll get right on that. I'm appreciate the advice.

 

[quincy]

I cannot get in contact with the artist of the song, the other composer is signed to the same publisher as the artist, and me and third composer of the record are signed to the same publisher but they are acting on his behalf only and leaving to just accept whatever the composer who registered it should have when we had no prior agreement and he even tried leave me and the other composer off splits completely and take a 50/50 split between him and the artist before I noticed it and disputed it which led to BMI saying I needed signed documentation and permission to get proper percentages on a composition I started if that makes any more sense

What I believe you need is an agent. Although many agents are not attorneys, there are many lawyers in the entertainment field who act as agents for their artist/musician/author clients.

The agent will work as an intermediary between you and the publisher (this one or another) and can be given the authority to negotiate contracts on your behalf. A good agent will not be ignored the way the publisher has been ignoring you.

You can see what happens on Monday but I recommend you start looking for an agent to represent you in this current matter and with future contracts so your rights in your creative works are preserved.

Good luck.



edit to add: Thank you for the friend request, XayScott. Although it has always been my policy on this site to not accept the requests, the offer is a nice one and very much appreciated.

 

[XayScott]

What I believe you need is an agent. Although many agents are not attorneys, there are many lawyers in the entertainment field who act as agents for their artist/musician/author clients.

The agent will work as an intermediary between you and the publisher (this one or another) and can be given the authority to negotiate contracts on your behalf. A good agent will not be ignored the way the publisher has been ignoring you.

You can see what happens on Monday but I recommend you start looking for an agent to represent you in this current matter and with future contracts so your rights in your creative works are preserved.

Good luck.



edit to add: Thank you for the friend request, XayScott. Although it has always been my policy on this site to not accept the requests, the offer is a nice one and very much appreciated.

Thanks. Where can I seek agents? Never knew or thought about that

 

[FlyingRon]

I actually have but have been told being that BMI has a freeze on royalties and we are apart of the same publisher we have to sort it out amongst ourselves but that's hard to do when the publisher is siding with solely one side and putting me on "take it or leave it" terms on a song we had no agreement or real communication on

BMI only covers performance rights. They're not involved with your disagreement with the publisher. A lot would depend on how the initial agreement with the publisher was written, but as Quincy says, if it's silent and just lists a bunch of names, they are presumed to be equal shares.

 

[XayScott]

BMI only covers performance rights. They're not involved with your disagreement with the publisher. A lot would depend on how the initial agreement with the publisher was written, but as Quincy says, if it's silent and just lists a bunch of names, they are presumed to be equal shares.

I am aware of that which is why I am seeking mediation so I can get this cleared with my publisher to imput the proper percentages and info so BMI can take the freeze off that was set in place from me fighting and disputing the splits and everyone finally gets paid.

 

[quincy]

Thanks. Where can I seek agents? Never knew or thought about that

There are various and assorted "talent" agencies that work with musicians but I recommend you contact entertainment lawyers in your area of California who either have experience working as agents for musicians or who know of good agents in your area who do.

You can find lawyers who specialize in entertainment law through the California Bar Association website (calbar.ca.gov) or through AttorneyPages.com (enter sports & entertainment and your zip code) and there is also a California Bar-associated arts and entertainment attorney referral service (calawyersforthearts.org).

I recommend you do not sign any agreement with the publisher or other musicians/composers without an attorney review.

Good luck.

 

[Dandy Don]

Has BMI told you exactly/specifically what documentation you need? When they say you need to mediate your situation are they referring to perhaps the fact that you may have signed some type of agreement that requires you to go arbitration first before going to court?

What state do you live in?

If you can't find an entertainment law or music royalty attorney in your city or county area, then please seriously consider searching for one who practices in another county or in another state to represent you. There are hard-nosed, bulldog attorneys out there who know how to fight on behalf of the writer.

 

[quincy]

Has BMI told you exactly/specifically what documentation you need? When they say you need to mediate your situation are they referring to perhaps the fact that you may have signed some type of agreement that requires you to go arbitration first before going to court?

What state do you live in?

If you can't find an entertainment law or music royalty attorney in your city or county area, then please seriously consider searching for one who practices in another county or in another state to represent you. There are hard-nosed, bulldog attorneys out there who know how to fight on behalf of the writer.

The state is California, Dandy Don. It helps to read the thread. And California has perhaps more entertainment lawyers than any state in the country.

There are no royalties being paid because of the dispute over copyright ownership in the musical composition.