Should I sue Artist for breach of contract?

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This topic contains 2 replies, has 2 voices, and was last updated by  Grancan 7 months ago.

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  • #31701 Reply

    Grancan
    Participant

    Hi there,

    I´m seriously considering to sue Artlist (Music Licensing Company) for breach of contract and I´d like to have your opinion on that. I will try to summarize it.

    I was contacted by Artist at the end of January 2017 and after a couple of information emails my music was online on their platform on April. In one of those emails I specifically asked if I was still able to collect, through my PRO, the corresponding royalties when the tracks are broadcasted. The answer was: “You can collect from your PRO for all 3rd party broadcast platforms as is standard with any music licensing”

    But all of a sudden, on DEC 31, 2018 I received this: “I am not sure if we ever discussed this, but I see on this Appendix the music is registered with GEMA. We have had some issues raised by filmmakers in the past that are worried to use any music registered with GEMA, even if they have a legal license”.

    On JAN 08, 2018 they decided to remove my music from the catalogue: “Unfortunately, we will need to suspend the existing album on the site until we can get this cleared up”.

    After countless hours trying to find a solution, and several emails where they promised to reintroduce my music in the catalogue, they stopped replying me on FEB 2018. I kept on trying to reach them out, but nothing. So here my question:

    – Is not this a clear breach of the contract I signed? And if so, should not I sue them?

    I´d really appreciate your view on this. Bellow are shown the most relevant part of the contract on this issue.

    Thanks in advance.

    (1) Any work that The Artist shall send to The Company by email or upload to The Website after The Agreement enters into force, shall be considered to be included in Appendix A for all purposes and intents and even if not specified therein, and The Agreement herein shall apply to it in its entirety.

    (5) The Artist hereby grants The Company, and The Company hereby receives from The Artist the full, complete, absolute, unlimited and irrevocable right to use the Works, for the entire term of copyrights in them, according to The Company’s needs as it may see fit from time to time

    (6) The Right of Use shall be valid in Israel and the entire world for the maximal period of time possible by any law

    (23) The Agreement herein is for the maximal period of time during which the copyrights above mentioned are protected by any law and shall expire only at the latest date on which copyrights above mentioned cease to be protected by any law. Upon expiration of the copyrights regarding any of The Works, The Agreement regarding the relevant Works shall expire, however it shall continue to apply regarding The Works for which copyrights did not expire.

    (26) The laws of the State of Israel shall exclusively apply to the Agreement herein and the jurisdiction to hear any issue resulting from or regarding the Agreement herein, directly or indirectly, shall be given exclusively and uniquely to the Tel-Aviv – Yaffo Court and no other court anywhere else.

    #31710 Reply

    woodsdenis
    Participant

    Not a lawyer so won’t comment on the rights and wrongs of this case however any civil legal case needs to be viewed on the realistic outcome of a win, and more importantly how much will it cost to achieve that.

    #31713 Reply

    Grancan
    Participant

    Yeah, considering all the time and energy I´ve spent with this makes no sense to keep on it, I guess.

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