# If company doesn't pay --- can I sue for copyright infringement?



## Ed (Jun 15, 2011)

So last year I completed my first feature, it has since been sold to a distributer, come out on DVD, etc... problem is I am currently engaged in legal action to get the rest (half) of my payment with the original production company who are pissing around trying to find technicalities to get around the bailiffs. 

My question is can I also hassle the distributors because technically my contract hasn't been honoured and therefore I still own the copyright? I know hardly anything about music law, so I'll need to know if I have any more rights than any normal person that is trying to get money from a company that hasn't paid them.

I'm in the UK, but how it works in the US would also be interesting.


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## RiffWraith (Jun 15, 2011)

Bastards. :twisted: 

What did you do - sign the typical work-for-hire contract, giving the film and the producers rights to the music, while you get paid x-dollars? Not sure how it is in the UK, but here in the US you would be suing for breach of contract. There is no copyright infringement, instead this is just a matter of you not getting paid for services provided. Copyright infringement would be them taking music that belonged to you, and using it w/o your permission, which is not what happened here. This is the same thing as a you signing a contract with a contractor to do work on your house. You don't pay for services provided, they can sue you.

Best thing to do is ask a lawyer. Here in the US - at least in most states, if not all - you can talk to a lawyer for about 20-30 min for about $15-$20 USD. If you guys across the pond have something smiliar, I would take advantage of that, and let the lawyer tell you what the best way to proceed would be.

Good luck.


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## Ed (Jun 15, 2011)

RiffWraith @ Wed Jun 15 said:


> Bastards. :twisted:
> 
> What did you do - sign the typical work-for-hire contract, giving the film and the producers rights to the music, while you get paid x-dollars?



The contract is apparently good, I should have got half before and half on delivery. But they were so bad I only got the contract a week before delivery and only got the first half of the money 4 months later!




> Not sure how it is in the UK, but here in the US you would be suing for breach of contract. There is no copyright infringement, instead this is just a matter of you not getting paid for services provided.



Ok, well I'm went through small claims, they issued no defense so I was granted it automatically. I got a High Court Enforcement company to go collect but they claim they aren't at that address, but they are. Its quite complicated because theres several different producers and theres different names for the company and they run another company from that address. 



> Best thing to do is ask a lawyer. Here in the US - at least in most states, if not all - you can talk to a lawyer for about 20-30 min for about $15-$20 USD. If you guys across the pond have something similar, I would take advantage of that, and let the lawyer tell you what the best way to proceed would be..




I may have to I guess!

I have sent them a bunch of emails, my contract and a link to various websites and the official "Companies House" that lists them as being at the address I gave. They can only attend one more time at the property, so I'm waiting to hear back to see if I have given them enough proof this time, I don't want them getting off on a tiny technicality again.

SIGH


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## maraskandi (Jun 15, 2011)

I'd echo that, probably best consult a lawyer to check your options.
There are online legal advice services for the UK where you can textchat to a lawyer and ask your questions, then you decide afterwards how much you pay (you can literally just pay few quid). 
Could perhaps be a starting point but maybe others have better suggestions. Good luck with it Ed.


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## midphase (Jun 15, 2011)

Get a lawyer if you care enough about the money. In the US, there are some organizations that provide legal advice to small professionals and freelancers who usually can't afford them...perhaps there is something similar.

Ultimately...and I hate to say this...you have to weigh the pros and cons of the time and expenses needed to collect that money. For instance, if you're owed only a couple of thousand $...it might not be worth it...but you have to judge for yourself.

Production companies that don't pay will sooner or later end up paying for their shit because they won't find people willing to work for them. You might opt to go on a web rampage where you post names, addresses and any other info that would allow other professionals from agreeing to work with those people...but keep in mind that you're also opening yourself up to other trouble if you do that so thread lightly.

Sometimes it's though lessons like these in life that ultimately shape us into who we are, I guess it's all part of growing up and growing old(er). Good luck but try and get a lawyer if you can.


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## gsilbers (Jun 15, 2011)

Ed @ Wed Jun 15 said:


> RiffWraith @ Wed Jun 15 said:
> 
> 
> > Bastards. :twisted:
> ...



i think what RiffWraith is saying is that u signed a work for hire which means you cannot sue for copyright. 


small claims court seems the way to go. 


there is a funny story about a guy who bought a house in full but got a letter from bank of america that said they where foreclosed. 
the guy had to pay about $5000 in lawyer fees to clear the situation so he sue the bank to get that 5k money back , he won but the B of A wouldn't pay so he just filed something (dunno what) and was able to get a judge to grant him to go into the office branch of B of A and take its property to pay his 5k... like a foreclosure pretty much.. he was foreclosing the office branch! 
he went with police on his side and of course the branch manager signed a check right there and then. 

point is that if small claims court is on your side and u win then file a motion to get some assets from the production company.


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## David Story (Jun 15, 2011)

Sorry to hear your situation Ed. You've been diligent. 
This is typical low-level producer behavior, sometimes higher-up, too. The question is: can you collect money? Do you have a strong enough case to garnish an account, and what account? An entertainment attorney may have a better strategy. Just getting a court order doesn't mean you'll get paid.
Get paid up front as much as you can, that may be all you see. And join a union, they have clout.


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## maraskandi (Jun 15, 2011)

The Musicians Union help you with unpaid fees issues if you are a member:
http://www.musiciansunion.org.uk


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## JohnG (Jun 15, 2011)

I'm not so sure you can't sue for copyright infringement. 

In general, contracts specify what each party will do, provided that the other party meets its obligation. They haven't, so you don't have to, is the general idea.

It's possible, therefore, that since they haven't performed their side of the contract, you are relieved of having to perform your own, including providing the score and transferring copyright (or a license to them to use the music in their picture). So, in other words, your surrender of copyright or any other rights may be rescinded if they haven't paid you.

In fact, if you want to get their attention, consider asking the court for an injunction on further distribution of the film with your music.


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## José Herring (Jun 15, 2011)

JohnG @ Wed Jun 15 said:


> I'm not so sure you can't sue for copyright infringement.
> 
> In general, contracts specify what each party will do, provided that the other party meets its obligation. They haven't, so you don't have to, is the general idea.
> 
> ...



Yes this is what I'd do. If you want to get your money. Call the production company and tell them that since they didn't honor the contract you consider the contract broken and you're going to call the distributor and tell them that they're distributing music without your permission. Of course you may not want to follow through on that. If it does air in TV in France or Italy then you'll make a lot more than they little bit they didn't pay you. But, you want to make them think that you will follow through on it. :twisted: 

But, here in the US everybody is soooo paranoid about lawsuits that when one of my films at least gets DVD distribution and I get a flurry of emails and phone calls making sure that everything is ok legally as far as music goes. Don't know why that happens. It's not like I've ever seen any money from a DVD release. Maybe that's why they call so much. 1/2 the time I don't even bother to contact DVD distributors back. What a waste of time.


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## David Story (Jun 15, 2011)

josejherring @ Wed Jun 15 said:


> JohnG @ Wed Jun 15 said:
> 
> 
> > I'm not so sure you can't sue for copyright infringement.
> ...



John's suggestion can work, but will affect your reputation.

Jose is right about royalties being more valuable, if the producers submitted a cue sheet crediting you. Another reason to contact the distributor, except they usually won't talk to you.

Time for an entertainment attorney, a good one can help your whole career by negotiating.


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## Mike Greene (Jun 15, 2011)

Work for Hire contracts often have a clause that says something to the effect that if one party fails an obligation, it doesn't void the remainder of the contract and the wronged party may only sue for remedy of the failed obligation.

This clause is there specifically to prevent you from retaining ownership of the music (and suing for copyright infringement) if they don't pay you.

If that cause isn't there, I'd assume you could sue as John and Jose suggested.


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## poseur (Jun 15, 2011)

so, ed:
was it a straight-up, old-school, work for hire contract, or not?

and, maybe to further clarify:
did you sign a Certificate of Authorship, or not?
are you the author, or is the Employer the author?

in fact, folks here can only guess at how they might help,
w/o real details.....
but, you're likely better-off taking suggestions from fellow composers
within england/the uk, 
who are familiar w/the legal system, there, i'd wager.....

sorry for your troubles, though.

dt / spltrcl


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## Markus S (Jun 16, 2011)

It's a very bad situation, I feel you.

I'm not sure where you are located, but if you are on European ground, I'm pretty sure you can sue for copyright infringement, if the contract wasn't honored, as a "work for hire" does not "technically" exist within our copyright law system.

However, it is true that you have to evaluate the situation, I always try to avoid any legal process and resolve the situation with the clients directly. A legal process makes the situation very fast, very complicated and potentially very expensive.. for both sides.. and for a long time. The worst case scenario is when the client does not respond anymore to any attempt to resolve the situation by communication. So if there is enough money in the game, I think the "copyright" infringement is a very strong argument, at least here in Europe. You should try to get a specialized lawyer to explain you what you are looking at, how to prove you are in your right, and how much it will cost you to take any legal action.


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## Hannes_F (Jun 16, 2011)

I wonder whether if you don't go after them this will be an invitation for other producers to treat you alike. Hmm ...


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## Ed (Jun 16, 2011)

poseur @ Wed Jun 15 said:


> so, ed:
> was it a straight-up, old-school, work for hire contract, or not?
> 
> and, maybe to further clarify:
> ...



Man I have have no idea!


I just spoke to the bailiff company and they say they have closed their file! :evil: :evil: They refuse to give a reason until i read their letter and say all the stuff I sent over doesn't change anything. They say I should speak to a solicitor, I guess I have to now!!

The amount I'm owed is now around £3,000, I just don't have enough money to spend loads on solicitors, but that's a lot of money to just walk away from.


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## maraskandi (Jun 16, 2011)

Just reiterating if it's of help:

"The Musicians’ Union has specialist full-time officials available to immediately tackle the issues raised by musicians working in the live arena, the recording studio, or when writing and composing.
Such issues can range from copyright protection to valuable contractual advice or from the recovery of unpaid fees to crucial work in health and safety." 
(MU website, accessed 16 June 2011)


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## Ed (Jun 16, 2011)

Oh man but then I have to join first right?


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## maraskandi (Jun 16, 2011)

Yeah I guess that's the catch. Fee's vary depending on how much you earn from music.

I can't speak for any of these organisations, I'm just blitzing you some relevant ones for the UK for you to peruse.

There are various bodies that may or may not be helpful in your situation, they certainly have interesting info to read:
Producers and Composers of Applied Music http://www.pcam.co.uk

Beter still,
British Academy of Songwriters Compsers and Authors has a legal service of "approved industry lawyers" and actually show the firms they use on their page, so could help your search for specialist knowledge:
http://www.basca.org.uk/about-us/legal-service/


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## poseur (Jun 16, 2011)

Ed @ Thu Jun 16 said:


> poseur @ Wed Jun 15 said:
> 
> 
> > so, ed:
> ...



ed:
please read your PM's.

what i can say about US law, in this regard, is this:
if one party is truly found in breach-of-contract,
any judgment (or, settlement) might necessitate that the party-in-breach
cover the solicitor's costs of the offended party.....
in cases _like_ this.

were i you, i would def talk to a solicitor,
bringing the above issue forward, first.....

dt


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