Need help trying to work with a singer overseas - contract / law questions kind of urgent...
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thecontrolcentre thecontrolcentre https://www.kvraudio.com/forum/memberlist.php?mode=viewprofile&u=76240 - KVRAF
- 37262 posts since 27 Jul, 2005 from Scottish Borders
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- KVRist
- Topic Starter
- 87 posts since 7 Jul, 2012
i actually edited it but didn't submit, and forget it on preview again...thecontrolcentre wrote:If you don't like internet drama don't use foul language to respond to other forum users. It's likely to get you a ban. Don't be rude dude.
i agree that i could've written it in a nicer way and so i did
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- KVRAF
- 1987 posts since 29 Apr, 2010 from NYC
dont know if anyone is still interested in this, but maybe i can help.
first let me say, i am NOT a lawyer. i do live with one though. were not married, but weve been together for 7 years and have a child...so i trust her.
ill add to that that she is a fairly accomplished attorney who is lead counsel for an entire corporation. i only state that so people know shes not just some random ambulance chaser.
also please understand we are in the united states and so her opinion is based on us laws...but as youll see...it should translate to anywhere.
anyway...i asked her about this and this is what she had to say:
get a lawyer. get a lawyer that specializes in contract law.
with that out of the way...you probably dont need a lawyer.
that is if you are not likely talking about large sums of money, which you almost certainly arent or you would have just gotten a lawyer in the first place.
when you write up your contract, make sure you include:
1. a clause that states that the contract is under the jurisdiction in which you live.
2. a reference of the laws (in your jurisdiction) that apply to the terms of your contract.
heres the deal, the clause making the contract in your jurisdiction will make any overseas attempt at a lawsuit nearly impossible for anyone other than someone with a lot of money. they would have to hire lawyers from where you are and conduct the whole thing from where ever they are, which = lots of cash.
now...even if you didnt do that you are still probably safe from any litigation. if the overseas person sues you and wins in their country...getting that judgement enforced is a difficult and expensive affair. if they want to sue you in your country, making a judgement enforcement easier..well its still difficult and expensive (see above).
i dont know your situation...but if we are just talking about regular people with a regular agreement between them (as opposed to high powered celebrities or entertainment corporations), and it sounds like we are, the costs of international lawsuits and judgement enforcements make them simply not feasible or cost effective for most people to pursue.
so...if your main concern is protecting yourself from being sued...its really not very likely to 1. happen or 2. be enforced.
if we are talking about protecting your rights...and you are looking to be able to sue someone else should they break the contract...id simply avoid such an overseas collaboration in the first place.
hope that helps.
first let me say, i am NOT a lawyer. i do live with one though. were not married, but weve been together for 7 years and have a child...so i trust her.
ill add to that that she is a fairly accomplished attorney who is lead counsel for an entire corporation. i only state that so people know shes not just some random ambulance chaser.
also please understand we are in the united states and so her opinion is based on us laws...but as youll see...it should translate to anywhere.
anyway...i asked her about this and this is what she had to say:
get a lawyer. get a lawyer that specializes in contract law.
with that out of the way...you probably dont need a lawyer.
that is if you are not likely talking about large sums of money, which you almost certainly arent or you would have just gotten a lawyer in the first place.
when you write up your contract, make sure you include:
1. a clause that states that the contract is under the jurisdiction in which you live.
2. a reference of the laws (in your jurisdiction) that apply to the terms of your contract.
heres the deal, the clause making the contract in your jurisdiction will make any overseas attempt at a lawsuit nearly impossible for anyone other than someone with a lot of money. they would have to hire lawyers from where you are and conduct the whole thing from where ever they are, which = lots of cash.
now...even if you didnt do that you are still probably safe from any litigation. if the overseas person sues you and wins in their country...getting that judgement enforced is a difficult and expensive affair. if they want to sue you in your country, making a judgement enforcement easier..well its still difficult and expensive (see above).
i dont know your situation...but if we are just talking about regular people with a regular agreement between them (as opposed to high powered celebrities or entertainment corporations), and it sounds like we are, the costs of international lawsuits and judgement enforcements make them simply not feasible or cost effective for most people to pursue.
so...if your main concern is protecting yourself from being sued...its really not very likely to 1. happen or 2. be enforced.
if we are talking about protecting your rights...and you are looking to be able to sue someone else should they break the contract...id simply avoid such an overseas collaboration in the first place.
hope that helps.
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- KVRist
- Topic Starter
- 87 posts since 7 Jul, 2012
chaosWyrM wrote:dont know if anyone is still interested in this, but maybe i can help.
first let me say, i am NOT a lawyer. i do live with one though. were not married, but weve been together for 7 years and have a child...so i trust her.
ill add to that that she is a fairly accomplished attorney who is lead counsel for an entire corporation. i only state that so people know shes not just some random ambulance chaser.
also please understand we are in the united states and so her opinion is based on us laws...but as youll see...it should translate to anywhere.
anyway...i asked her about this and this is what she had to say:
get a lawyer. get a lawyer that specializes in contract law.
with that out of the way...you probably dont need a lawyer.
that is if you are not likely talking about large sums of money, which you almost certainly arent or you would have just gotten a lawyer in the first place.
when you write up your contract, make sure you include:
1. a clause that states that the contract is under the jurisdiction in which you live.
2. a reference of the laws (in your jurisdiction) that apply to the terms of your contract.
heres the deal, the clause making the contract in your jurisdiction will make any overseas attempt at a lawsuit nearly impossible for anyone other than someone with a lot of money. they would have to hire lawyers from where you are and conduct the whole thing from where ever they are, which = lots of cash.
now...even if you didnt do that you are still probably safe from any litigation. if the overseas person sues you and wins in their country...getting that judgement enforced is a difficult and expensive affair. if they want to sue you in your country, making a judgement enforcement easier..well its still difficult and expensive (see above).
i dont know your situation...but if we are just talking about regular people with a regular agreement between them (as opposed to high powered celebrities or entertainment corporations), and it sounds like we are, the costs of international lawsuits and judgement enforcements make them simply not feasible or cost effective for most people to pursue.
so...if your main concern is protecting yourself from being sued...its really not very likely to 1. happen or 2. be enforced.
if we are talking about protecting your rights...and you are looking to be able to sue someone else should they break the contract...id simply avoid such an overseas collaboration in the first place.
hope that helps.
thanks for all the info, this helps immensely, especially
1. a clause that states that the contract is under the jurisdiction in which you live.
that part, as i hadn't even considered it
for now i have decided to forget about any royalty based contracts, any singer who demands it i will just avoid to safe me some headache