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More legal problems ?

Posted:
Mon May 03, 2010 11:31 am
by NYMo
Hi there,
This recording business is tricky !
I have a pair of songwriters recording with me at the moment.
They have a 50/50 split on the songs but one of them does all the music.
One of them (call him A)has done the lead vocal (the other (B) doing bv's) and the track has been finished last Thursday. On the weekend they have split up (!) and now the B singer is asking me to record him as the lead vocalist !
Where do I stand here ?
They both want to release the song (it has someone from Powderfinger on it!)
Should I just do it (the B singer is the main music guy and a friend) or am I up for some possible litigation in the future ??
As usual , any responses greatly appreciated.
Cheers
N
Y
M
O

Posted:
Mon May 03, 2010 11:44 am
by wez
i would politely ask for payment, hand over the files, and ask them to come back when they've sorted it out.

Posted:
Mon May 03, 2010 11:46 am
by mark rachelle
Nymo
Why are you attracting this drama around you!
Its your mind that is creating this, and its your mind creating the drama
this might sound crazy but YOU are the source of YOUR life and Your direct experiences
when you understand this and understand how you are creating your direct experiences then life doesnt turn out to be a drama because you get your part in how you are creating the whole thing.
Know Thyself!
We love drama and most of the time we never even realise how much we create it, its always someone else creating it.
Well thats actually not the case when We realise who we are being in the matter of our own life.
thats my significant rant for this monday!

Posted:
Mon May 03, 2010 11:48 am
by NYMo
Hi there,
Wez..thankfully I've been paid already !
But which one do I hand the files to ??!!
Cheers
N
Y
M
O

Posted:
Mon May 03, 2010 11:53 am
by NYMo
Hi there,
Mark...its not a drama ....I'm just trying to do the right thing by both parties !
(and not cop any flak)
Cheers
N
Y
M
O

Posted:
Mon May 03, 2010 12:03 pm
by mark rachelle
Hmm thanks Nymo
perhaps its me thats making the drama creating you making a drama!
still i do think that there is an area for you to look in in why these things are showing up for you
so dont take this as a criticism,
but perhaps it could be that you are trying to please everyone, to look good, avoid looking bad and play both sides for your own gain?
remember this is not a criticism , its just an area where we might not see it in ourselves unless someone shows it to us cause usually its just so automatic in humans to put the responsibility onto others.

Posted:
Mon May 03, 2010 12:03 pm
by Linear
hey mark,
rant? your responses always sound like a sermon to me ;-0
give them both a copy. then they can work it out - as everyone said, it's just not your problem!!
i'm always amused about how people are so scared of litigation - maybe it has something to do with the amount of US tv we have here.
Chris

Posted:
Mon May 03, 2010 12:10 pm
by lonearranger
If you are worried about getting dragged this , ask the guys involved to draw up a written agreement over what is to happen next, let them work it out without you being involved. Once they furnish you with a copy, and you are happy they are both in agreement, you can oblige with whatever they ask. Kind of takes the pressure off you and lets them sort it out before it gets to the point of legal action.
Cheers

Posted:
Mon May 03, 2010 12:15 pm
by Linear
lonearranger wrote:If you are worried about getting dragged this , ask the guys involved to draw up a written agreement over what is to happen next, let them work it out without you being involved. Once they furnish you with a copy, and you are happy they are both in agreement, you can oblige with whatever they ask. Kind of takes the pressure off you and lets them sort it out before it gets to the point of legal action.
Cheers
honestly, i think that is a waste of time.
if it's not drafted by a lawyer, then it will be full of holes and probably wouldn't stand up in court anyway.
the fact that these guys 'separated' has nothing to do with who recorded the stuff. give them both a copy, and they can sort it out between them.
i don't even know why this has been brought up. if a couple was getting divorced and working out how to split the family home, do you think the builder of the home has anything to do with it?? of course not.
Chris

Posted:
Mon May 03, 2010 12:29 pm
by NYMo
Hi there,
Chris..singer A has the finished work in his possesion, singer B wants to come into the studio on Tuessday, wipe singer A, and record himself as the singer...thats why its a problem and I am asking advice.
I don't live in a suburb of Sydney..i live in a country town of 8000 people...7999 who know jack about the music business..thats why I need help from you *professionals* !
Cheers
N
Y
M
O

Posted:
Mon May 03, 2010 12:36 pm
by rick
the builder WAS involved with my inlaws case , something to do with who took the loss him / her / or the builder because the render faded ! :)
but yeah if your torn , just give them both the files you have and then record the nicest guy to get along with
you have only got legal obligations to the one that paid you .
you probably have internal mr nice guy obligations to both of them ..
mark this current rant and the post about doing mastering for a zillion old tracks from the 1930 through to the 50s is noted with interest
when and where do you want your framed irony card sent :)

Posted:
Mon May 03, 2010 1:02 pm
by mark rachelle
Hey Rick
Framed irony card?
i'm missing a few brain cells today coz that went straight over my head

Posted:
Mon May 03, 2010 3:02 pm
by rick
hey mark no worries i was just being a smartarse
the point being if you ever want to talk about inviting drama into your life
start trying to master 2000 tracks that need restoration and do the quote before your have ever done that kind or amount of work before
lets just say .....been there done that wont do it again :)

Posted:
Mon May 03, 2010 4:55 pm
by mark rachelle
Aha! got it Rick
2000, it certainly needs to be done with speed and no attachment

Posted:
Mon May 03, 2010 5:40 pm
by rick
it takes a special kind to do it with speed and no attachment .. err and do it properly !

Posted:
Mon May 03, 2010 8:52 pm
by no-fi
you still haven't answered.... who paid for the recording session?
that's who you return the files to.
if you paid for the recording session, then keep the tracks for yourself, erase both their vocals, and release it with your singing in both their places.....
:-)

Posted:
Mon May 03, 2010 10:35 pm
by NYMo
Hi there,
Singer B has been paying for all the sessions.
They usually come together.
Last week singer A came in by himself and sat in on the mix session
and then paid for it...I gave him the mix file.(not knowing what he was going to do)
Two days later Singer B then rings me and tells me they have split up and wants to wipe singer A's vocal and replace it with his tomorrow afternoon.
He will pay for the session tomorrow. He is a friend of mine and thats why this is hard to know what to do.
My clients pay daily.
Cheers
N
Y
M
O

Posted:
Tue May 04, 2010 12:16 am
by Kurt
Give them both a copy, then record vocals for B. You get paid twice, who owns the rights is their problem not yours.