KVR Audio

Spe3D · Post by **Spe3D** » Tue Nov 23, 2004 5:35 am

No agreement set – therefore the price of the royalty could be almost anything you decided, I would think. You declined the deal – and they went ahead anyway – that’s wrong – and you should fight your viewpoint – no matter what imo.

These types of company need to have people stand up and shout – or they just keep doing it – I bet there are loads n loads of people they have screwed like it – and just like you, they don’t know what to do – so the artist keeps quite, and the company goes on to its next victim – I see it all the time – in all types of enterprise – and it gets me real pissed.

So if you want to know what I would do – it would be extremely vocal and would involve a legal reps. – and if you don’t get headway fast – get all media on them ie, press.

Best regards,

Spe3d

:O)

SparkySpark · Post by **SparkySpark** » Tue Nov 23, 2004 9:44 am

Spe3D wrote:No agreement set – therefore the price of the royalty could be almost anything you decided, I would think.

Actually no - if a deal is set without any reference to money, the court (or similar instance) sets a reasonable value. However, you can always sue EMI if you want to.

On the other hand, I tend to agree with Gulfo and Acolmitzli: use this error to your advantage! I'm sure EMI messed up (I've been working with EMI and other major lables - regrettably not as a performing artist though! - and am aware of that these things happen.) Getting a contract - sorry

- getting onto a CD with one of these lables is very hard. Now that you're there, try to get your music heard, and collect the royalties. If EMI thinks you're that good, I'm sure you can use this CD as a reference for later record deals.

I understand you feel offended, but maybe (I'm not sarcastic here - it's your art we are talking about) you should instead thank your lucky star. I know I would if a major label included one of my songs by accident on a CD, distributed it in several countries and payed me for it.

Good luck in any case,
SparkySpark

Spe3D · Post by **Spe3D** » Tue Nov 23, 2004 9:51 am

Sue them Hard - and add stress and upset caused to your case too as well as the legal fees.

No deal had been set - ie he did not agree.

Best regards,

Spe3d

:O)

headquest · Post by **headquest** » Tue Nov 23, 2004 9:57 am

Hey, I used to work for EMI and your story is no surprise.

Generally speaking, the marketing guys and gals will come up with an idea for the project, have a rapid turnaround/deadline, and just go ahead with it.

By the time you were initially approached, the CD was probably already made or at least lined up in the queue at the plant.

This fast turnaround is simply how the majors opperate, and no harm is intended. The likelihood of the contractual guys failing to reach an agreement is very rare indeed.

It sounds to me that your "contact" in Korea and EMI's representative screwed up by not coming to agreement that suited everyone and was fair. Such negotiations require good business savvy on both sides.

This SHOULD have been a great opportunity for you to get your music "out there" and it's a shame it went wrong. If I were in your shoes I would be asking questions on both sides to find out why the deal went pair-shaped... as I say this is very rare.

Spe3D · Post by **Spe3D** » Tue Nov 23, 2004 10:04 am

If it were I – I would not be looking for an escape goat (a get out) I would be full on aimed at placing the blame fully on EMI – big time

Best regards,

Spe3d

:O)

meister eder · Post by **meister eder** » Tue Nov 23, 2004 10:13 am

nutekk wrote:all EMI said is they will stop producing the cd
and pay me the royalties owed.

That's all you can ask for. Be happy with it. I mean, of course you can ask them to not only stop producing it but also destroy non-sold copies - but as it is a compilation it is not worth the hassle.

Just make sure your publisher tracks where and when it was played, so you get that money as well.

headquest · Post by **headquest** » Tue Nov 23, 2004 10:30 am

Spe3D wrote:If it were I – I would not be looking for an escape goat (a get out) I would be full on aimed at placing the blame fully on EMI – big time

Best regards,

Spe3d

:O)

I guess you wouldn't be getting another break though. Look at the Stone Roses, for example.

Negotiations are a TWO-way traffic. EMI are just running a business - they're not "out to get" musicians. They look to bring on new talent...

nuffink · Post by **nuffink** » Tue Nov 23, 2004 10:32 am

headquest wrote:I guess you wouldn't be getting another break though. Look at the Stone Roses, for example.

Negotiations are a TWO-way traffic. EMI are just running a business - they're not "out to get" musicians. They look to bring on new talent...

Spe3D · Post by **Spe3D** » Tue Nov 23, 2004 10:38 am

headquest wrote:
Spe3D wrote:If it were I – I would not be looking for an escape goat (a get out) I would be full on aimed at placing the blame fully on EMI – big time

Best regards,

Spe3d

:O)
I guess you wouldn't be getting another break though. Look at the Stone Roses, for example.

Negotiations are a TWO-way traffic. EMI are just running a business - they're not "out to get" musicians. They look to bring on new talent...

I can only say how I would react – if I had not given permission to sell my music by a company such as EMI – and they went ahead and did it anyway – it would cost them dear for sure.

Depending on the extent of the offence, would depend on what other action I would follow – be it media or alternative market, against EMI.

But this is hypothetical – and as I say – how I react is based on moralistic values that often conflict with current business ethics. I would be very sure of the 'facts' before a blank cheque court case though.

Best regards,

Spe3d

:O)

SparkySpark · Post by **SparkySpark** » Tue Nov 23, 2004 10:47 am

Spe3D wrote: No deal had been set - ie he did not agree.

Hi Spe3D,

I guess you were rolling eyes at me, but read my post again and you'll probably see that there are two steps involved here:
1. Get paid for the (non-existing) deal
2. Additional money (sueing).

I didn't study copyright law for nothing!

/Sp-Sp

Spe3D · Post by **Spe3D** » Tue Nov 23, 2004 10:51 am

Whenever I use the reference to media - you post under me.

Anyhow Not my debate - I said my bit

Best regards,

Spe3d

:O)

whyterabbyt · Post by **whyterabbyt** » Tue Nov 23, 2004 11:08 am

Spe3D quoth
I can only say how I would react – if I had not given permission to sell my music by a company such as EMI – and they went ahead and did it anyway – it would cost them dear for sure.

...assuming, of course, you could underwrite the (probably large) costs involved in trying to make it 'cost them dear for sure'.

Unfortunately that's not a given. I'm quite sure EMI can buy much more lawyer power than you, or most of us, can. Your hypothetical reaction might wind up with it hypothetically costing you more than you might hypothetically make.

nutekk · Post by **nutekk** » Tue Nov 23, 2004 11:10 am

Spe3D · Post by **Spe3D** » Tue Nov 23, 2004 11:12 am

whyterabbyt wrote:Spe3D quoth
I can only say how I would react – if I had not given permission to sell my music by a company such as EMI – and they went ahead and did it anyway – it would cost them dear for sure.

...assuming, of course, you could underwrite the (probably large) costs involved in trying to make it 'cost them dear for sure'.

Unfortunately that's not a given. I'm quite sure EMI can buy much more lawyer power than you, or most of us, can. Your hypothetical reaction might wind up with it hypothetically costing you more than you might hypothetically make.

Very True, by 'facts' I mean cold hard facts - I would need to be sure - feelings cannot enter the court. or it would backfire.

Best regards,

Spe3d

:O)

nutekk · Post by **nutekk** » Tue Nov 23, 2004 7:40 pm

fun and more