Need Advice - “Label” trying to screw me over

[Kieran Keith Newell]

Hi,

 

My friend recently started a record label and over the last 4 months I’ve been working on 3 singles to release either independently or through his label. Nothing was ever actually signed between me and him in the end as I felt the contract wasn’t good enough and when I told him I wouldn’t be signing to his label he decided to kick off at me, fire me from another company (a recording studio) I’m a part of with a few other close friends and claim he owns the rights to my first release as well as send abuse to me, my friends and my girlfriend.

 

This “friend” (the label owner) paid for the master of my first track (a £10 fee he paid to a studio engineer) before any contract was signed between me and his “label”. That master had a few issues I didn’t like so me and my co-producer, who I’ve worked hard with on all 3 singles, moulded the paid master more into what I wanted and has become the final version we like and essentially is essentially a re-master of the paid version.

 

My “friend” who owns the “label” is threatening to sue me if I use this version, claiming he owns 100% of the copyright of that master because he paid a tenner to get it mastered by one of his mates, despite no contract between me and him and the fact that the final version has actually been amended by me and my co-producer.

 

Also he lied about the label distribution links that he had and that he had successfully registered the label as an official UK business with Company House - so technically the business doesn’t even exists - so what does it mean for all these artists who might be duped into signing these contracts between themselves and this phoney label? Does he have a leg to stand on by claiming ownership of my master despite all this?

 

So yea, I just need to see what other people think? Should I just go “screw it” and use my remastered version or should I be careful and pay again to have it all re-done? This has truly been an awful experience for me so I’d be grateful for some insight.

 

Thanks,

Kieran

 

[Michan]

I have no idea about these kind of issues Kieran. I hope you get them solved in the best possible manner

[john]

Hi Kieran

 

Ouch. Lesson learned: Get it on paper. Money is involved. Contracts protect you and your "friend". Everything not on paper will become a strain. It's bad enough when it is on paper, but at least when it is the people involved can point at clauses, including what happens when a relationship comes to an end.

 

I am not a lawyer and this is not legal advice. As ever I would recommend consulting an Entertainment Lawyer. Not cheap, but generally cheaper in the long run.

 

If you are in England and Wales I don't think he has much ground to stand on. In Scotland contracts can be verbal, though even then I don't think his case would be straight forward. That said, if I were you I would take the hit and get it remastered without his involvement. Even is he did only pay £10, had a contract been in place he is right, he would have owned the master. Out of interest, who paid for the recording sessions? Other than paying that £10, has he done anything else for you? Just promises?

 

He sounds a nightmare, so probably just as well you don't have a contract with him. A near miss!

 

Cheers

 

John

[Kieran Keith Newell]

Hi John thanks for replying! I appreciate the insight.

 

I paid for all the recording, marketing and promotion for the single. Basically that was my problem with the contract. He wanted to take 50% of my single for 5 years and not invest any money into promo, no money into recording and no effort to market etc. He basically was just going to use a distributor to get my music out there but nothing to help push it. Which is fine I’ll just do it myself, but why should I give 50% away when I’m doing all the work and investment? So when I rejected the deal he made out I was all “jumped up” and “ungrateful” even though I was all calm and chill about it in a respectful way by just saying “thank you for the opportunity but I don’t think it’s right for me just now”

 

So yea, all he’s done is pay £10 for a master and send me abuse. But I do think yea, get it re-done just to avoid any potential future hassle

[john]

Anything that negates his claim is also useful to keep. Make sure you archive off emails and text messages. If he has sent any abusive messages, it is good to have a record, but the same is true of any agreements of work he undertook, promises of contracts, failure to carry out work, use of contacts, because emails can in some jurisdictions serve as proof of agreement. Better to have it and not need it, than need it and not have it.