andyourexcuseis
New Member
I live in Idaho, but these "people" live in Washington State.
I know I've been an idiot who allowed this to go on too long, but here's my story, anyway. I have e-mails that back up most of this, and witnesses that back up the parts that I don't have e-mails for.
A year ago (March 21, 2007, to be exact), I contacted these people about recording and producing a 5-song demo of my original songs for me. They replied that they had heard my music, thought I was worth investing time in, told me that they would work on the songs until I was happy with them, that I would get "world-class production," and they'd do it all for a flat rate of $3,500. He told me that it would be half down, half on delivery. This fee would include recording, performances, musicians, engineering, mixing, and mastering all five songs until I was happy with them. The producer who wrote this all to me (in e-mails I still possess) told me repeatedly in this letter that the $3,500 would be all I would be charged and promised me that I would be happy with the finished product. I researched the company and the people involved with it, didn't find anything amiss, and agreed to their terms as he laid them out in that e-mail.
The producer chose the 5 songs from my catalogue that he wanted to work on, and I paid him half the requested fee. I asked him for a contract that outlined what he and the company would be doing for me for the money, and he told me I'd get it "at the next session." We discussed how the songs would be arranged and recorded, what instruments would be used in what songs and where the instruments would be used. I was pretty happy with they way he described things to me. This was May 22, 2007. Since then:
My question is, even though they've done some work on this, could I still sue them in small claims court? Do I have a case? I would like to get my $3,500 back and start over somewhere much more reputable. I realize that it's pretty 50/50 on whether you win in court, but this looks pretty open and shut to me: they haven't stuck to their original agreement hardly at all. I've drafted a "formal demand letter" to send them... should I send it and then file if they don't pay me back?
Another question I have is... because I live in one state and they live in another, I know I'll probably have to sue them where they live... but is it possible that I could sue them where I live?
I know I've been an idiot who allowed this to go on too long, but here's my story, anyway. I have e-mails that back up most of this, and witnesses that back up the parts that I don't have e-mails for.
A year ago (March 21, 2007, to be exact), I contacted these people about recording and producing a 5-song demo of my original songs for me. They replied that they had heard my music, thought I was worth investing time in, told me that they would work on the songs until I was happy with them, that I would get "world-class production," and they'd do it all for a flat rate of $3,500. He told me that it would be half down, half on delivery. This fee would include recording, performances, musicians, engineering, mixing, and mastering all five songs until I was happy with them. The producer who wrote this all to me (in e-mails I still possess) told me repeatedly in this letter that the $3,500 would be all I would be charged and promised me that I would be happy with the finished product. I researched the company and the people involved with it, didn't find anything amiss, and agreed to their terms as he laid them out in that e-mail.
The producer chose the 5 songs from my catalogue that he wanted to work on, and I paid him half the requested fee. I asked him for a contract that outlined what he and the company would be doing for me for the money, and he told me I'd get it "at the next session." We discussed how the songs would be arranged and recorded, what instruments would be used in what songs and where the instruments would be used. I was pretty happy with they way he described things to me. This was May 22, 2007. Since then:
- ten out of fifteen scheduled appointments in the studio were canceled by them
- I was told I could not show the one copy of the songs that they'd given me (which was just me playing guitar and singing over a metronome) to anyone, even if they'd invested in the project
- the producer showed the same tracks to a third party producer in California I did not know without my knowledge or consent
- I was bullied into paying the other half of the recording fee before the project was done
- receipts were not provided to me for 6 months
- a contract was provided to me only after 5 months of begging, and then, the contract they sent me was plagiarized from a web site, and asked for more money in the form of percentages of sales and advances. When I refused to sign the contract, they told me that they were ceasing work on my project and barring me from the studio and from hearing my songs which I had paid for - in full. Additionally, this "clause" of barring me from my songs and the studio for refusing to sign their contract (which, at one point, they claimed not to need) was never disclosed to me until I refused to sign the contract. It wasn't until I threatened to sue them that they dropped the issue and "worked" on my project again
- I was not allowed to hear any progress on the songs, and was, in fact, told by the producer that it was "industry standard" to keep paying artists "in the dark" until the producer and engineer felt the project was finished; I have statements from more than 40 other studios, producers, and engineers stating that this is NOT the case
- The producer admitted in an e-mail to me on November 15, 2007 that nothing had been done other than the one partial guitar track and the very terrible version of one other song.
- after negotiating with them for two months, they finally allowed me to hear one of the five songs, and it was NOTHING like they described to me it would be like. It was hurried, sloppy, and careless, as well. Other songs they've shown me since I threatened to sue them have also been nothing like we'd discussed. When I pointed this out to them, the producer threatened to quit my project altogether until I pointed out the original agreement in the e-mail he'd sent me. And my comments weren't "taking control" of the recording: if they'd been building me a house, my comments wouldn't have been telling them how to hang drywall, but that I didn't want the toilet in the kitchen.
- the producer constantly degraded my contacts, family, and friends, and even my talent, with which he'd been so enamored of 10 months earlier.
- Lastly, the producer told me in another e-mail that he didn't care if I was happy with the project.
My question is, even though they've done some work on this, could I still sue them in small claims court? Do I have a case? I would like to get my $3,500 back and start over somewhere much more reputable. I realize that it's pretty 50/50 on whether you win in court, but this looks pretty open and shut to me: they haven't stuck to their original agreement hardly at all. I've drafted a "formal demand letter" to send them... should I send it and then file if they don't pay me back?
Another question I have is... because I live in one state and they live in another, I know I'll probably have to sue them where they live... but is it possible that I could sue them where I live?
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