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Posted: Thu Apr 24, 2008 5:22 pm
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Aspiring Musician
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Having a contract is a great idea, but can you draft a good one that documents consideration for services rendered? It's a good idea not to take legal advice from musicians, who are famous for getting ripped off. Gravity Jim knows a lot about music. Giving up when somebody is using your work to make money without paying you is defeatist. Did you quit when you couldn't make an "F" chord the first time? Not a lot of money? Small claims court is there for small claims. How much you're entitled to depends on the value of the work that he's using. Unjust enrichment, often called quantum meroit, is a well-established legal theory supporting a claim for relief. I've personally helped somebody who got ripped off walk into small claims court without hiring a lawyer and get a judgment. If you got ripped off, and it's wrong, then the court will see that too. Documentation is great, but eye witnesses also work really well. How much money the guy is making is something you need to find out through like filing the case and subpoenaing him to court along with the other people making money. The system is there to protect you. Use it.

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Posted: Thu Apr 24, 2008 7:29 pm
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I would think it would depend on if you were paid for your studio time?


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Posted: Fri Apr 25, 2008 6:46 am
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Roadie
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One of the more infamous cases like this is EVH doing the guitar work for Michael Jackoff's "Beat It" (hmmm, there's something about that...) and getting nothing of the bags of money MJ made from the song/album/airtime/charts/videos.

If you received no compensation for the recording sessions, there might be recourse. If you did, the claim might be that you were paid for your work and "unjust enrichment" cannot be pursued.

(I'm not a lawyer and I don't play one on TV).


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Posted: Fri Apr 25, 2008 9:55 am
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Aspiring Musician
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Re-reading my post, I appear to be criticizing Gravity Jim and that's not my point. We're musicians or hobbyists (like me) or wannabes that like electirc guitars, not civil attorneys who represent people in this kind of stuff and know a lot about your particular situation. That goes for me as much as anybody. Should be a site out there like Yahoo answers or something that has a lot oflawyers on it who could give you a decent answer.

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Post subject: Hard knocks
Posted: Fri Apr 25, 2008 11:48 am
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flamekaster wrote:
Warpfield wrote:
You could regard it as a good lesson, albeit possibly an expensive one but still, somewhat practical. In the future, you'll definately remember this little endeavor and not make the same mistake twice. Welcome to the School of Hard Knocks.


i have been in the school of hard knocks for along time. That is just why i do the "hired Gun" thig most of the time instead of putting my own thing together


I like to call it "The College of Hard Knocks and Busted Knuckles" located on the beautiful campus of the "School of Life" where we all get our PHds; some sooner than others.... :wink:


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