Never fully paid for publicly performed composition.

[mikel33]

Hello,

I am as ASCAP member from New Jersey, and had composed an original piece of music for a high school marching band to use in their composition. The piece was performed in front of thousands of spectators. I was never paid in full.

I had sent numerous emails to the client asking for the remainder of the payment, to which I was continuously lied to.

I had eventually told them that because I had not recieved payment, they can no longer perform the piece. I had recieved a response saying that the check was in the mail, and I did not want to make the kids suffer a losing season, so I had given the band permission to perform the pieced based on what the client had told me. It was another lie.

It has been three years and I still have not recieved the other half of payment.

After one year of contacting them about this, they told me that there was no agreement to pay me the amount due.

Everything was discussed through email, and I have every email saved (including emails with the client saying the check is in the mail).

There was no contract signed, but I am hoping that email will be enough evidence. The song was registered with ASCAP as soon as it was completed.

I hope someone can give me some advice on this. Thanks

 

[Michael Wechsler]

How much was the agreement for? If it's small enough which I'm guessing it is, why not use small claims court. To me this is a contractual issue - they agreed to pay you a certain amount and evidence is (a) an email response from them confirming the amount and, furthermore (b) they paid half showing evidence of an agreement. This is probably the easiest and lowest cost remedy available to you - breach of contract.

 

[mikel33]

Yes, it was a small amount. $1000 total. But this has caused me so many problems, that I would like to make the client understand to take artist seriously. I was intentionally used as a quick fix to their marching band show, with complete intent to never fully pay. I have numerous emails from the client stating that the check is being sent today, and that the check WAS sent, which was a complete and utter lie to shut me up for a few weeks.

I had threatened them with copyright infringement a year ago, to which the client laughed. Is it possible that this it is the case?

 

[dee_dub]

Who's your client? The school, the band, the band director...? I'd make sure the principal is aware of the situation, he or she may be more amenable to resolving this prior to going to court.

Do I understand correctly that you continued to allow them to play the piece despite this dispute? If so, you probably don't have have a copyright claim for unauthorized performance of your composition. I agree with the thelawprofessor, your claim is for breach of contract, and you should go to small claims court.

 

[mikel33]

To me, the client is the school. I was dealing with an employee of the school (hired by the band director) who was dealing on the school's behalf.

I had given them permission to use the piece based on the email I recieved stating that the check was sent. Had I known it was a lie, I would never have given them permission. They lied to me to use the piece.

 

[mikel33]

I guess I have no copyright case here? Any other opinions?