Can I Get Sued If..

S

shaqaw09

New member
Can I get sued if I sell my exclusive rights to a beat, when other people have that beat as well, but they got it BEFORE the exclusive sale?
 
It depnds on the contract you made with the original clients, and the one you made with the later "exclusive" clients. Did you tell the exclusive client that you had other clients with the same beats?

What will the exclusive client be using it for? An actual album release, or a mix-tape type thing, or what?

In short, you can get sued for almost anything. Winning a case is something else altogether though.

GJ
 
Like if the other clients were sold leases only (No contracts), & the exclusive client will be using it for an album release. And in that case, in your opinion if I got sued do you think I'd win the legal battle (W/Out a lawyer, but just based off the fact I didn't sell anymore of the beat after exclusive rights)?
 
No, I don't think you're protected, unless you fully informed the new client, and explicitly stated terms in the contract.

GJ
 
If the court ruled in their favor, would it be likely that the only thing to happen would be I'm excluded from any royalty money? (Exclusive contract includes, an advance & royalties)
 
It's really hard to say, because it depends on the judge, and sometimes it depends on the state you're in (jurisdiction of suit, not where you live).

I should mention now that I am not an attorney, have never played one on TV, and I am not dispensing legal advice or counsel in any way (I just happen to have a fair amount of practical knowledge from experience and study).

If you are really concerned, you probably should consult an attorney. The only non-music biz/intellectual property attorney source that I would trust for solid, specific information would be Moses Avalon (I do not work for him or know him personally, but have had good experiences with his company). He is not a lawyer, but is the only non-attorney allowed to teach law students and those taking the bar exam in California regarding music/entertainment law. He has a website (www.mosesavalon.com), and charges fairly reasonable rates for on-line or phone consultations. You could also call or try to get in-touch with some free help through the VLA (Volunteer Lawyers for the Arts). Or get with an attorney on your own, but I'd strongly suggest someone that really knows music business and copyright law, not just a general practitioner or johnny-contract attorney.

Seriously. If you are concerned, seek professional counsel (not here at FP or any other "musician's hang" site). If I'm the best you've got, you could be in trouble...

But DO educate yourself as best as possible on the music business and copyright law as it pertains to you. This Business of Music, The Songwriter's Market (not sure if they still put that out, but there are copies available out there that still have good info in them, I'm sure), and other books by Donald Passman and Kashif are great resources; if you're "not a reader," become one. You can also visit the Library of Congress Copyright website, and also the BMI, ASCAP, Harry Fox, and other similar websites for free. Get the info and get educated. It can only help your longevity in the music business in the long-run.

GJ
 
rule one
don't sell lease beats then sell it as a exclusive
contact the client you sold the exclusive to
tell them you'll throw them two new beats for the the one
because "BY MISTAKE" you sold him a instrument that you leased to others
make sure the client understands what lease mean when it comes to instruments

I don't see a link to your soundclick or your own web site to see your lease contact



-Coach Antonio
"Let Me Handle your next Praise Party"

Make Money from Your Music New Money Marketing Forum*
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The Walking On Water Media/Ent. Business Coach Antonio​
 
What a great solution! This way you can save yourself the trouble of explaining the legalities.

fataltone said:
rule one
don't sell lease beats then sell it as a exclusive
contact the client you sold the exclusive to
tell them you'll throw them two new beats for the the one
because "BY MISTAKE" you sold him a instrument that you leased to others
make sure the client understands what lease mean when it comes to instruments

I don't see a link to your soundclick or your own web site to see your lease contact



-Coach Antonio
"Let Me Handle your next Praise Party"

Make Money from Your Music New Money Marketing Forum*
*Music Business Professionals Read Their Tips
Elite Services for those Who Want to Attain their Goals
Research and Information Gathering Expert
Building Relationships to Build Success
Get the Information and Direction You Deserve
The Walking On Water Media/Ent. Business Coach Antonio​
Click to expand...
 
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