# The movie i just scored is getting sued!!! :(



## gsilbers (Nov 15, 2008)

damn it! 

some legal mumbo jumbo.. but.. i still get paid right? i signed a exclusive license deal with the producers. with an upfront pay. i delivered.. and the contract didnt say anything about .. "if we get sued we wont pay u"


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## midphase (Nov 15, 2008)

If you want a helpful answer...can you tell us first what the movie is being sued for?

If the movie is being sued because your music infringes on the copyright of another score...you can bet your ass you're not getting paid!


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## Brian Ralston (Nov 15, 2008)

midphase @ Sat Nov 15 said:


> If you want a helpful answer...can you tell us first what the movie is being sued for?
> 
> If the movie is being sued because your music infringes on the copyright of another score...you can bet your ass you're not getting paid!



That's what E & O insurance is for. (Errors and Omissions) 

Or at least...as the composer, getting added to the film's E & O policy as part of the contract. Every film that gets sold to a distributor has to have E & O insurance and proof of it included in their chain of title.


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## Hal (Nov 16, 2008)

yeah what the movie is sued for?


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## gsilbers (Nov 16, 2008)

oh, nothing to do with the music. some leal mumbo jubmo nothing to do with the music. producer/director and 3rd parties..


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## Brian Ralston (Nov 16, 2008)

gsilbers @ Sun Nov 16 said:


> oh, nothing to do with the music. some leal mumbo jubmo nothing to do with the music. producer/director and 3rd parties..



Sounds like the film's release could be held up for years. That is usually the case in something like this. Unless one party gives in. Such disputes can cost hundreds of thousands of dollars in legal fees and the party that does not have the capital to endure that fight will usually lose. If.....if and when the dispute gets settled, it will usually be dumped to video markets quickly or even not released at all depending on if any money can be made from it. It is a business to these people after all. Not art.


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## Pando (Nov 16, 2008)

Well, in that case, if they don't honor your contract with them, sue them! :D


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## Brian Ralston (Nov 16, 2008)

Pando @ Sun Nov 16 said:


> Well, in that case, if they don't honor your contract with them, sue them! :D



He can try, but any decision will usually then be deferred pending the result of whatever legal trial is already at hand. And then one would have to weigh the cost of doing so. Not just financial, but the cost of reputation of stirring up the fire. 

I don't know how much you were paid for the gig...but even your suit could cost much more than what your fee actually was...and in that case, it would not be worth it. And in the end, if it all does get settled, the winner might be mad enough to just replace the music at the end of the day, if it actually does get out there, out of spite for bringing yet another lawsuit. 

It would be a tough decision to make in my opinion...and one that is seen all too often in the entertainment biz today unfortunately.


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## kid-surf (Nov 17, 2008)

Do you have an entertainment lawyer? Got a posse? I would talk to them if you do and see what their take is...politically and otherwise. That's what you pay these people for.

This is a scenario I wouldn't want to deal with directly if at all possible. I'd rather have the suits deal w/it while I move on to something else. Whatever the suits figure out...fine. But I'm not wasting energy on aspects that do not specifically, and directly concern my career trajectory. 

Thing is, if your posse goes after making sense of this thing, your reputation isn't 'supposed' to be on the line. Most legit folks know it's business as usual...they expect the agents and lawyers to be on their case (the "bad guys" to your "good guy"). 

You never want to be the one dealing with these issues directly if you can at all help it.


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## Thonex (Nov 17, 2008)

Not that this helps in this case, but it's always good to include a payment schedule in your contracts. Example:

1/3 of payment due upon commencement of score.
1/3 of payment due upon halfway through the score.
Final 1/3 payment due upon final approval of music.

Hopefully this will be resolved soon, but don't sign away ANY rights until they pay you in full. That is your ONLY bargaining position as it stands right now.

Good luck,

T


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## gsilbers (Nov 17, 2008)

well, i guess u can sign the contract at anytime but if it states that u need to get paid XXX amount and u dont get paid then that voids the contract.. well not void but they didnt honor it. its like i sign the ownership of a car but if i dont pay its stealing. 

i like what someone mentioned above about suits dealing with it. thats defenitlyt more cool.


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## Brian Ralston (Nov 18, 2008)

Again, this might be something you would not like to do...but if you have not been paid, as you have stated, the contract is not fullfilled and thus, you can single handedly hold up the sale of the film to any distributor (if that ever happens), until you get paid. Their chain of title is not clear and no distributor would take it on with an outsanding issue like that. It would require some legal letters written and sent to the parties involved in ANY sale...and of course, then a legal injunction. But then again, you would have to weigh your reputation and the cost of doing so, because it would probably be tens of thousands of dollars in legal fees.


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## gsilbers (Nov 21, 2008)

Brian Ralston @ Tue Nov 18 said:


> Again, this might be something you would not like to do...but if you have not been paid, as you have stated, the contract is not fullfilled and thus, you can single handedly hold up the sale of the film to any distributor (if that ever happens), until you get paid. Their chain of title is not clear and no distributor would take it on with an outsanding issue like that. It would require some legal letters written and sent to the parties involved in ANY sale...and of course, then a legal injunction. But then again, you would have to weigh your reputation and the cost of doing so, because it would probably be tens of thousands of dollars in legal fees.



yep , thats exactly what i am saying. if i dont get paid i can sue them or let them know they havent fullfilled their side of the contract..


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## poseur (Nov 22, 2008)

did you already sign the C. of A. (Certificate of Authorship)?
if not, i believe you can submit a "Cease+Desist" order
--- or, certainly:
have your lawyer inform them that you're
ready & willing to do so.

in any case, i don't think that going after a rightful payment
should cost 10's of 1000's of dollars,
for any decent, industry-knowledgeable
legal representation
in a case like this.
d


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## gsilbers (Dec 14, 2008)

at the end i got paid. it took a while. just bad or diferent bookeeping that made the check go slow. i had to be on top of it a lot. i think i pssed the producer. oh well.


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