Seeking Accurate Income Report from Record Distributor

[DanniB]

Jurisdiction

Pennsylvania

Hello. I am a recording artist from Philadelphia and I am having trouble obtaining accurate reporting of my earnings on SoundCloud. I have tried communicating with SC several months back but someone kept telling to obtain the information on SoundCloud artist account. However, it's been 3 years and statements only say that I earned only $37.00. I have requested something a little more official than just a web posting. Can your firm help me obtain something more substantive, like a printout from records in their system detailing my exact earnings? I have not communicated with an actual person. I only received pre-prepared emails. And I think there is far more to what they are telling about my earnings than what appears on their web portal. My record has been available on all platforms, worldwide. I have no money to pay upfront so I am looking for someone that can help me pro-se and be paid from the recovered earnings. Thank you.

Game Change by Danni Boi

 

[Zigner]

Hello. I am a recording artist from Philadelphia and I am having trouble obtaining accurate reporting of my earnings on SoundCloud. I have tried communicating with SC several months back but someone kept telling to obtain the information on SoundCloud artist account. However, it's been 3 years and statements only say that I earned only $37.00. I have requested something a little more official than just a web posting. Can your firm help me obtain something more substantive, like a printout from records in their system detailing my exact earnings? I have not communicated with an actual person. I only received pre-prepared emails. And I think there is far more to what they are telling about my earnings than what appears on their web portal. My record has been available on all platforms, worldwide. I have no money to pay upfront so I am looking for someone that can help me pro-se and be paid from the recovered earnings. Thank you.

I'm sorry, but this is not an attorney referral site. You will have to review your contract and options with SoundCloud. I understand that you are looking for an attorney to help (which is why you posted here), but please understand that it's very unlikely that any attorney will help you without being paid upfront. I won't say that there is no attorney that would do so, but it's very unlikely.

 

[zddoodah]

However, it's been 3 years and statements only say that I earned only $37.00.

According to a quick Google search, 1 million streams on SoundCloud will earn you $2,500 (1/4 cent per stream). I found another source that suggests you can earn anywhere from 1/4 cent per stream to 4/10ths of a cent per stream ($2.50 to $4 per 1,000 monetized streams). At those rates, $37 would equate to somewhere between 9,250 and 14,800 streams. Do you have reason to believe you're doing better than that?

I have requested something a little more official than just a web posting.

What does your contract with SoundCloud say you're entitled to with respect to accountings?

Can your firm help me obtain something more substantive, like a printout from records in their system detailing my exact earnings?

There is no "firm." You've posted on a legal message board.

Just so you know, lawyers charge at least $200 per hour, and most would charge a lot more than that for this sort of work. Unless you have reason to believe you're entitled to tens of thousands of dollars, hiring a lawyer isn't going to be cost effective.

I am looking for someone that can help me pro-se and be paid from the recovered earnings.

"Pro se" means you're representing yourself. You probably meant to write "pro bono," which essentially means the lawyer works for free, but no one does this sort of work on a pro bono basis (unless you happen to have a friend or relative who will do it). If the lawyer is to "be paid from the recovered earnings," that's a contingent fee, but the likelihood that you're entitled to enough money for a lawyer to represent you on contingency is pretty much nil.

Unless you happen to catch lightning in a bottle, you're never going to make anything more than pocket change from streaming.

 

[DanniB]

According to a quick Google search, 1 million streams on SoundCloud will earn you $2,500 (1/4 cent per stream). I found another source that suggests you can earn anywhere from 1/4 cent per stream to 4/10ths of a cent per stream ($2.50 to $4 per 1,000 monetized streams). At those rates, $37 would equate to somewhere between 9,250 and 14,800 streams. Do you have reason to believe you're doing better than that?



What does your contract with SoundCloud say you're entitled to with respect to accountings?



There is no "firm." You've posted on a legal message board.

Just so you know, lawyers charge at least $200 per hour, and most would charge a lot more than that for this sort of work. Unless you have reason to believe you're entitled to tens of thousands of dollars, hiring a lawyer isn't going to be cost effective.



"Pro se" means you're representing yourself. You probably meant to write "pro bono," which essentially means the lawyer works for free, but no one does this sort of work on a pro bono basis (unless you happen to have a friend or relative who will do it). If the lawyer is to "be paid from the recovered earnings," that's a contingent fee, but the likelihood that you're entitled to enough money for a lawyer to represent you on contingency is pretty much nil.

Unless you happen to catch lightning in a bottle, you're never going to make anything more than pocket change from streaming.

Yes. I do have reason to believe that I did better than the streaming numbers you quoted. I paid companies to promote the EP globally. It's also on all major platforms internationally. Also, in addition to streams there are downloads. I have not received any information from them regarding downloads. This is why I need an attorney. Oh, and I meant "contingency" not pro se. Pro se may be the rout that I have to take to subpoena the requested information.

 

[adjusterjack]

Pro se may be the rout that I have to take to subpoena the requested information.

Here's where what you don't know will hurt you. You don't subpoena your defendant, you request production of records during the discovery process when you have filed your lawsuit. Discovery is a complicated process and not generally available for small claims court.

Pennsylvania small claims limit is $12,000. If you claim more than that you would have to sue in regular court where the rules are quite involved.

231 Pa. Code Part I. General (pacodeandbulletin.gov)

You would likely not succeed without an attorney. You can bet that your defendant will have a good one.

If you sued in small claims court (magistrate) you would have to present your own evidence, you would not be able to rely on the defendant to provide you with anything that would help you. The defendant, of course, would provide evidence that would help him.

You would also be waiving any amounts over the $12000 limit.

If your claim is worth considerably more that $12,000 you'll have to decide if the amount is worth paying an attorney, or you take your chances in small claims court on your own.

 

[Tax Counsel]

I have no money to pay upfront so I am looking for someone that can help me pro-se and be paid from the recovered earnings. Thank you.

Although we cannot provide you with specific attorney referrals on this site, you are fortunate in Philadelphia to have two good law schools in your area. Both of them run legal clinics in which civil matters (which is anything that is not a criminal matter) are provided pro bono to low income persons in Philadelphia:
University of Pennsylvania Law School Legal Aid Clinic
Temple University Law School Legal AID clinic

There is also an independent charitable legal aid services provider in Philadelphia: Philadelphia Legal Assistance.

If none of them are able to help you, they may be able to refer you a site to a source that can.

Also bear in mind that if the record producer paid you at least $600 in a year it is required to provide you with a copy of the IRS Form 1099NEC that it filed reporting those payments. You may get from the IRS an online record of the income that has been reported to the IRS. I don't know if all the 1099 data for 2022 has been loaded on the IRS sytem but the IRS computer will give you at least what it has so far. If the company was required to file a Form 1099-NEC for you and you have not received it, call the person or department in the company that handles the taxes. They should have no problem with providing you another copy.

 

[DanniB]

Here's where what you don't know will hurt you. You don't subpoena your defendant, you request production of records during the discovery process when you have filed your lawsuit. Discovery is a complicated process and not generally available for small claims court.

Pennsylvania small claims limit is $12,000. If you claim more than that you would have to sue in regular court where the rules are quite involved.

231 Pa. Code Part I. General (pacodeandbulletin.gov)

You would likely not succeed without an attorney. You can bet that your defendant will have a good one.

If you sued in small claims court (magistrate) you would have to present your own evidence, you would not be able to rely on the defendant to provide you with anything that would help you. The defendant, of course, would provide evidence that would help him.

You would also be waiving any amounts over the $12000 limit.

If your claim is worth considerably more that $12,000 you'll have to decide if the amount is worth paying an attorney, or you take your chances in small claims court on your own.

Thank you kindly for your info. I just want the defendant to produce information/document/print-out from records, etc., showing what I've actually earned instead of only directing me to a web portal. I would think a letter from an entertainment lawyer (or an accountant) would yield that?

 

[Tax Counsel]

Thank you kindly for your info. I just want the defendant to produce information/document/print-out from records, etc., showing what I've actually earned instead of only directing me to a web portal. I would think a letter from an entertainment lawyer (or an accountant) would yield that?

It might, but there is no way to know for sure until you try it and see what kind of response the company provides, if any. Bear in mind though that what is on the web portal might, in fact, be all the company does have. And if the company has some sharp people on it, whatever you get will likely match what is on the web site.

 

[zddoodah]

I do have reason to believe that I did better than the streaming numbers you quoted.

What is that reason?

I paid companies to promote the EP globally.

So? Promotional efforts don't always work.

It's also on all major platforms internationally.

That's irrelevant to how many times it streamed on one of those platforms.

Look...I'm not telling you that you're not owed money. You might be, but that's not the point.

I asked you about what your contract says, but you ignored that question. I'm confident that contract provides you with the right to an accounting, but I'm also confident it puts constraints on exactly what you're entitled to and procedures you have to follow to get it. You need to read the contract and follow the outlined procedure for getting an accounting. If your accounting shows you're entitled to more money, then you can demand payment and go to court if you don't get it.

Of course, you can sue without evidence and try to get your evidence in discovery. Do you know the discovery rules in your state or (likely) whatever other state a lawsuit under the contract must be filed in? If not, do you have the capacity to learn those rules? I understand the quandary about needing a lawyer but not being able to afford one, but that's what you signed up for here.

I just want the defendant to produce information/document/print-out from records, etc., showing what I've actually earned instead of only directing me to a web portal.

Defendant? What makes you think any any printout might be different from what you can get from the portal. I can practically guarantee it will be the same thing.

I would think a letter from an entertainment lawyer (or an accountant) would yield that?

Letters from lawyers aren't magic. If you have a right to something under the terms of your contract, then a lawyer might be able to help you get it and might have a bit more success than you've been having on your own. However, you have to have that right under the terms of the contract (or at least have a plausible argument that you have that right). At this point (in part, because you ignored my question about the terms of your contract), we don't know if you have a right to anything more than you've already gotten. If you don't have the right, then a letter from a lawyer isn't going to do much of anything.