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I don’t know if there are other details I’m missing but if it’s as clear cut as the following: They have paid your cowriter but not you, and it’s been 6 weeks since the payment date, and they will not reply to your repeated emails and calls – then that is completely unacceptable and I believe it is time that you a) name the library by posting in the members’ section on the relevant library listing and b) seek legal advice as you have done already.
I for one would be grateful to know which library this is so that I can avoid them. And by posting on the library listing you keep within the forum’s rules.
I believe it is time that you a) name the library by posting in the members’ section on the relevant library listing…
I agree, it would be helpful and give the library a chance to respond.
Art, please tell me if this is not allowed but if anyone following this thread wants to PM me , I will tell them the name.
I’d prefer to have it in the listing.
Please forgive a question from the uninitiated – How would one access this info short of perusing 500+ libraries?
Thanks SongLoft. I deleted the original incorrect listing name. I also linked the forum discussion on the listing.
@Mark Holden just look under recent comments in the left column.
Most contracts I have signed allow for a full audit of the books so I’d suggest, songloft, that your attorney ask for an audit of your entire account (if the contract allows form this) and if they do not show evidence of the license for use of your music on the Dawn spot. Contrary to the way others on this site may think, this is taking WAY TOO long to get very simple, straightforward information about your music being used on this Dawn spot.
Whenever people ignore e-mails and do not accept calls over a 21 day period, they clearly have done something wrong and have bad, unethical intentions. I am going through some BS right now with a guy who owes me $300 and I see the same pattern: He Never answers or returns my calls, but always did when he needed me to re-track the guitars in a different key, and…he responds to e-mails 2 weeks later asking for patience. Patience? Are you kidding me? I did the work in late July for a lousy $300 and you can’t pay up?
If a license is not produced by the library by the end of this week, I’d threaten to sue the ad agency and P&G for using your intellectual property without rights being granted. This will humiliate P&G and it’s agency, and you will get some sweet revenge because this ad agency will never again work with the library named on the left side again!
Oh and by the way library owners, I hope you are listening and reading this too…I would not try to get away with not paying composers synch fees. The internet makes the world a very small and informed place. Word will get around and you will get sued if necessary, and your image and reputation will go down the toilette.
Hi Songloft,
After seeing the “DAWN” spot with your music on the air on national television just recently, I’d be curious to know if the library gave you some more information about the license and actually paid you.
I have asked for an audit from a library before and yes, you are exactly correct, they will not allow you into their business to examine their computer records. The audit I asked for resulted in the library sending an invoice for my track that was licensed in the amount of $180. So I guess they licensed a track for $360 which is a strange number. $250, $500, $1000 are more “normal” license fees. However, I do believe that if a composer pushes it far enough they may be able to get a court order to allow examination of the computer records during a given fiscal year or certainly the quarter the license was granted for your track.
Most composers would never do such a thing for fear that they would get kicked out of the catalog. If you don’t mind ending the relationship with the catalog, you have nothing to lose by seeking an audit. I highly doubt they licensed the track for only $250.
Good mornng all, from my new rural digs, deep in the woods.
The problem here is that the amount of money involved is a few hundred dollars. You cannot afford to get a lawyer involved. It will cost you $250, or more, to have a lawyer write a letter, and even more if they start making phone calls. That’s the kind of thing that people do as a DIY suit in small claims court.
As far as auditing the books goes, the same thing applies. You need an accoutant to audit the books. I once had a case where I need to hire a forensic accountant. The amount involved was about 80K and the account’s fee was going to be 65K. Throw in the legal fees, and the client decided it wasn’t worth it to pursue.
Short of being annoying, until you get what you want, there’s little that you can do, that won’t cost you more than you will recover. That is how companies can get away with ignoring artists.
This is a lesson learned. One of the best things about the MLR, is that you can share your experience, and we’ll all know to stay away.
Bets of luck SongLoft.
_Michael
Michael,
I think the amount of money involved is more than $250. SL’s co-writers’ invoice said “TEST SPOT” . A $250 needle drop fee is what a “Test Spot” drop pays, which means “Not For Air”.
I edited test spots for the first 4 years of my career. But once a track (due to “DEMO LOVE”…We love the demo!) gets upgraded to “final for air”, the synch fee always goes up, especially when P&G, a company I once edited test spots for and a company with a $230 billion dollar market cap, is putting something on the air.
I know I am changing my tune from earlier comments, but I also saw this commerical over the weekend and that is what made me change my tune. For SL to not get paid is sickening. He should be collecting at least $1500 for this license.
For SL to not get paid is sickening. He should be collecting at least $1500 for this license.
I agree completely. However, my point was that the cost of any legal action would exceed the recovery, which is how libraries like this get away with this stuff. It stinks.
But…the good thing is that this library has been outed, and you and I, as well as many others here won’t go near them.
SongLoft should remove all of his tracks from the library. If they ask why, he should send them a link to this thread.
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