ASK & DISCUSS INDEX

7 years, 3 months ago - Vasco de Sousa

Did you get a contract? The details of the contract might be able to resolve the dispute.

Your composer could be dead, going through a tough time, or perhaps is sending the music to the wrong address. And, not knowing the full correspondence, there could be many other issues.

If you can't afford legal fees, well, then can you even afford the other 50%? Seven films is a lot of work to do music for. Perhaps the composer understood you had a fee per film or something?

If the composer already started the work, they may keep the fee, if they feel they've done enough work to deserve it. We can't see the composer's side of the story. (If you cancelled the work because you had unrealistic expectations, or because you can't afford the other 50%, then it's not the composer's fault. If they didn't do the work agreed, you'll have to prove what was agreed. Has the composer sent you anything at all?)

There were legal advisors on this list 20 years ago, but I don't know any entertainment attorneys here now. But anyway, if you do contact a lawyer, be sure to have the entire correspondence ready, from the time your friend referred him.

7 years, 3 months ago - John Lubran

After more than sixty cases since1974, almost always against professional lawyers, sometimes teams of them and losing just six of them, I can confirm Vasco's points. The devil is always in the detail, which is far from clear in this case as yet.

Not all contracts are worth the paper they're printed on. It may or not be pertnent that Administrative Law is subject to some fundimental principles, even if they are too often ignored in the lower courts, they include but not exaustively, intent, natural law and legitamate expectation. Any of which issues might give rise to a Procedural Impropriety. Anything or any decision depending upon or flowing from such an impropriety is void and ultra virus. Ref., Halsbury's Laws of England

7 years, 3 months ago - Allan (Mac) McKenna

Apparently there's a whole bunch of buckshee music out there. I did a horror feature in 2007 and the director Ivan Zuccon - a very shrewd cookie if ever there was one - got all the music - excellent and appropriate - from a source which was completely free. I don't know how or even why this should work but it does if you find appropriate music. How does it work? Do composers give their work away?

7 years, 3 months ago - Daryl Griffith

When you say "I have chosen to end our deal", what was the deal? How much music had he written before you fired him?

7 years, 3 months ago - Daryl Griffith

"got all the music - excellent and appropriate - from a source which was completely free."

If ti really was free, chances are it wasn't very good...!

7 years, 3 months ago - Paul W Franklin

Firstly I'd ask the friend. If you've not had any response, maybe the friend has better contact?
Has he completely ignored you? Or just given very occasional brief responses? He might just be a quirky introvert who likes to be left alone to get on with it!

If he really does seem to have taken the money and done no work, local Small Claims Court might be the answer. They can be pretty good if there wasn't a clear contract, as they tend to take a very sensible approach and might say "Well you were clearly hired to write some music, but you've not done it". It's easy enough to do (but hopefully just the threat of court will scare him into sorting it out).
Depends how much you paid him. If it's £2000, worth going to court. If it's £200, name and shame him and just find someone else!
P.

7 years, 3 months ago - Glyn Carter

You dont need a solicitor for the small claims court, but you should look at the info online about it. You should first send a final notice and warning that you intend to take legal action if you're not repaid within 7 days. You start the process online, and there's a fee payable, which can be added to the repayment if you win. There will be a hearing, pretty informal - when I did it there were just three of us around a table. You'll need to present any paperwork: contracts if any, emails, even notes of phone calls, signed statements from third parties like your friend. As Paul says, maybe not worth the hassle for £200.

7 years, 3 months ago - John Lubran

Before the Judicial stuff is embarked upon the arguable facts ought be established. Apart from any umbrage or feelings of being in the right are asserted concider very carefully what the other side might assert; especially when the onus of proof is greater challenge for the complainant than it is for the respondent.

7 years, 3 months ago - John Lubran

Daryl. Sadly for composers and recording artists Allan's assertion that free music is abundant for impoverished projects is correct. Being free does not have to mean it's no good, even if much of is poor. There's some great music if one explores effectively. It's always nicer to have ones music sound track tailor made but thank goodness for some excellent public domain resources too

7 years, 3 months ago - George Brian Glennon

Having spent decades in the music industry I can suggest that anyone looking to hire a reasonably priced film composer go through legitimate sources to find people just starting out. The Producers Guild (The MPG), BASCA, some of the top music schools. This way you will avoid screwballs that will never have a career anyway. You can find very talented people just launching their professional careers that will work for reasonable rates (and will usually have many objective references, not references by friends which can mean anything). Of course this takes effort. Sometimes a lot of effort.

In this case I would have your demand correspondence sent by certified mail for small claims purposes, then hire a paralegal or lower cost solicitor at a fixed rate to go through the small claim process, if it is indeed a small claim, then just get on with getting your film done with someone else using the methods I have described.

7 years, 3 months ago - John Lubran

That's a bit of an over generalised defamation of artists who've not joined those establishment clubs George.

There are no creative arts that require any kind of formal qualifications or training in order to be valid and neither does such guarantee superior talent. Protectionism of business interests is merely that.

7 years, 3 months ago - George Brian Glennon

John , It may be a generalization with no intent to defame , I'm merely suggesting that if one goes the route I suggest, the likelihood of running into trouble (from a business point of view) is very low. The MPG helped me tremendously when I couldn't get arrested and wasn't a member of the club. The mentorship I gained saved me from bad decisions that could have cost a lot of money early on. They were the first to teach me that superior talent can come from anywhere and be taken seriously. My education is in economics, I have no formal training in music, I was trained the old way by apprenticing and moving up. A route that no longer exists. In this case I'm just trying to help. I don't know how much Neelu is out, hopefully it's a recoverable situation and his film gets completed.