What would you do in this situation...

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cymbalism
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What would you do in this situation...

Post: # 12760Unread post cymbalism
Mon Feb 14, 2011 12:16 pm

So I'm doing a project for a guy and he wanted multiple copies on various colored poly of two different albums and come to find out after many many hours of work that the material he sent me are bootleg live shows.

As I don't want to get caught up in any negativity in my cutting for people and being an artist, label owner and ASCAP member myself I am not very hip to doing illegal stuff for anyone especially when he disclosed the material as his own, what do I do.

I spent his money on blanks for the job and already wasted a ton of time doing these 40+ minute lps. It's been about 4 months since he paid for them as I've been busy doing other jobs and I spent the last month of that period doin these, so I'm stuck as to what to do. I can't get the time back I wasted doing them and I can't reuse the poly and I don't want my business involved in something like this so I'm at a loss already on the deal.

Please give your honest feedback. If you were in this situation, what would you do.

Thanks trolls!
all the best!
- tommie 'plan 9' emmi
poly-cut lathe cuts / cymbalism recordings

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monkey1553
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Re: What would you do in this situation...

Post: # 12762Unread post monkey1553
Mon Feb 14, 2011 12:57 pm

Tommie,

It's unfortunate that this guy put you in a bad position by telling you the recordings belonged to him when they didn't. Going forward you may have no choice but to implement some sort of copyright form for future customers just to cover yourself.

How big was the job? If it is a super small run I would consider getting a copyright form signed by him, get paid, deliver his records and not take any more jobs from this guy.

I guess you could also just eat the cost and time of the job and be done with it. That doesn't seem right that you should get stuck holding the bag on this though.

~Michael


cymbalism wrote:So I'm doing a project for a guy and he wanted multiple copies on various colored poly of two different albums and come to find out after many many hours of work that the material he sent me are bootleg live shows.

As I don't want to get caught up in any negativity in my cutting for people and being an artist, label owner and ASCAP member myself I am not very hip to doing illegal stuff for anyone especially when he disclosed the material as his own, what do I do.

I spent his money on blanks for the job and already wasted a ton of time doing these 40+ minute lps. It's been about 4 months since he paid for them as I've been busy doing other jobs and I spent the last month of that period doin these, so I'm stuck as to what to do. I can't get the time back I wasted doing them and I can't reuse the poly and I don't want my business involved in something like this so I'm at a loss already on the deal.

Please give your honest feedback. If you were in this situation, what would you do.

Thanks trolls!

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cymbalism
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Post: # 12764Unread post cymbalism
Mon Feb 14, 2011 1:05 pm

The job was 30 copies of two different lps. Each one being a little over 40 minutes a piece so 60 records total.

A copyright form is a great idea. I've had people ask me before to do stuff like this and I've automatically replied with no. Just sucks because I wasted a lot of time I could have spent doing jobs for real artists trying to get their music out instead of someone trying to rip someone off. I just can't afford to eat it on this because the colored blanks cost me quite a bit and I don't make a ton off them anyway as discussed in other threads.
all the best!
- tommie 'plan 9' emmi
poly-cut lathe cuts / cymbalism recordings

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monkey1553
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Post: # 12770Unread post monkey1553
Mon Feb 14, 2011 4:13 pm

That is a really tough call. To me thats a pretty big job to just eat it on. Either way I'd never do business with this guy again.

I think it sucks to have to do a copyright form but just seeing some of these ridiculous lawsuits in the press where the riaa wins a judgement of a million dollars over some single mom because she downloaded thirty songs onto her ipod is enough to sway me.

~Michael
cymbalism wrote:The job was 30 copies of two different lps. Each one being a little over 40 minutes a piece so 60 records total.

A copyright form is a great idea. I've had people ask me before to do stuff like this and I've automatically replied with no. Just sucks because I wasted a lot of time I could have spent doing jobs for real artists trying to get their music out instead of someone trying to rip someone off. I just can't afford to eat it on this because the colored blanks cost me quite a bit and I don't make a ton off them anyway as discussed in other threads.

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concretecowboy71
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Post: # 12771Unread post concretecowboy71
Mon Feb 14, 2011 8:04 pm

Before you release the product, have him sign a form that states that he is the owner of the copyright. If he refuses to do that, hold the product.

He should pay you regardless, it would be like a drug dealer saying you ripped him off. What is he going to do, report you to the police?

You should use a form for all jobs that you do.

You might even be able to find one online somewhere that will cover your needs.

Now that the information is on a public forum, it would be in your best interest to not to allow the product out of your hands without covering your a**.
Cutting Masters in Bristol,Virginia, USA
Well Made Music / Gotta Groove Records

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d
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Post: # 12773Unread post d
Tue Feb 15, 2011 3:11 am

That is a lot of work hours to cut those LPs!!!!!

Just in a way of fact - This is music You got from client, he is responsible for it. You cannot know all music that is around. You are not selling this content - client gave it to you and asked to cut on the discs, thats it. You dont sell them as a material - you are selling yours work hours. As I understant - Your client is responsible for this content when he will sell it (or not?)...

Well my idea is that if You have a repair part of some kind of patented machine - this is not copyright abuse that you take any part and repair your own machinery with patented parts.

sorry for English but I think You got what I have in mind.

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piaptk
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Post: # 12774Unread post piaptk
Tue Feb 15, 2011 3:13 am

United sure feels differently. They are over the top regarding copyrighted music...

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Aussie0zborn
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Post: # 12775Unread post Aussie0zborn
Tue Feb 15, 2011 5:48 am

Why are you feeling guilty about this? It's his responsibility to be upfront and give you the choice. If you are feeling uneasy about this I would think you would be well within your rights to cancel the order on the grounds that he does not own the copyright and misled you.

In your position I would charge a "cancellation fee" for your time. The cancellaton fee should equal the materials and the time you have put into the job. Refund the difference (if any). Sure you can use any unused discs, but who would want those same colours?

If you wish to avoid a shitfight with the guy, yo can ask him for the Mechinical Copyright License that shows he has paid songwriters' royalties. ASCAP or who ever administers this in the USA will not grant him one so you simply sit on the stock until he provides one which will be never. End of problem.

A lathe cut record would proably fetch more than a classic vinyl bootleg LP, some of which sell for $80 - $200. A run of 30 copies makes this edition even rarer and more valuable to the serious collector.

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petermontg
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Post: # 12777Unread post petermontg
Tue Feb 15, 2011 7:03 am

this has happened to me with a chap from germany. You are legally entitled to chase him for full amount of run and he is not entilted to anything. i had the added bonus of my partner been a solicitor.

visit your solicitor. They will have all the info.
Peter Montgomery
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peter(at)petermontgomerymastering.com

Stereo cutter head wanted. Send email or smoke signals.

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MEGAMIKE
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Post: # 12779Unread post MEGAMIKE
Tue Feb 15, 2011 7:11 am

disclaimer..
"I joe bloggs owns the right to have this material put onto any meadium"please sign here ,then you sign and date the disclaimer..thats it :) ..

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cymbalism
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Post: # 12781Unread post cymbalism
Tue Feb 15, 2011 9:53 am

petermontg wrote:this has happened to me with a chap from germany. You are legally entitled to chase him for full amount of run and he is not entilted to anything. i had the added bonus of my partner been a solicitor.

visit your solicitor. They will have all the info.
Hey Peter

He already paid for them, everyone pays upfront to cover blanks and labels and sleeves.

Thanks for the feedback guys, I know what I need to do now.
all the best!
- tommie 'plan 9' emmi
poly-cut lathe cuts / cymbalism recordings

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cymbalism
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Post: # 12867Unread post cymbalism
Sun Feb 20, 2011 11:03 am

I told him in order for me to release his records he needed to prove proof of ownership of the recordings. He is refusing to do so, so I will keep them until that happens.

Thanks for the incite guys, really appreciate it
all the best!
- tommie 'plan 9' emmi
poly-cut lathe cuts / cymbalism recordings

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