For many possible reasons, artists inquire with my entertainment law office because they feel that they are owed royalties. Sometimes, artists believe that they have not been paid enough in royalties, or sometimes, no royalties at all have been paid. If you have a viable legal claim to royalties that have not been paid or have been underpaid, my office may be able to help you.
The two most common scenarios for unpaid royalties or license fees that my office sees are: 1) Your song is used somewhere without your permission; or, 2) you wrote the music or contributed to the song but have not been given appropriate credit or payment.
Your song is being used somewhere without your permission
You may be shocked one day to find your song for sale somewhere or being used somewhere that you were unaware of. A couple of examples that my office has dealt with recently included a producer who found his beat used in a commercial without permission and a rock band who found out that someone else had posted their songs on Itunes.com for sale. In both cases, these actions were taken without the copyright holders permission and without appropriate payment.
You have not been paid or given appropriate writer's credit
This scenario occurs most often with hip-hop producers. You create a beat that finds it's way to an artist and is turned into a song. You may have forgotten that you even shared the beat with the artist. Soon enough the completed song with lyrics over your music is for sale and even though you contributed to half of the song's creation, you have received nothing for your efforts. I know that producers create thousands of beats and hooks and often share them with anyone who shows an interest, but I strongly encourage you to have an agreement in place as to how you will be paid if the beat turns into a successful song.
On some occasions, the producer has taken the appropriate steps and prepared a direction to pay for the publisher. With a direction to pay signed, the publisher is instructed to ensure that you receive your fair share of the royalties when the royalties are distributed. Even when this correct step is taken you find yourself without pay because the direction to pay has been ignored.
You must know that as the copyright holder, your music can never be used without your permission. Anyone who uses your material without permission is liable to you for damages. My office can help you recover these damages and in some circumstances we can take your case on a contingent fee basis. That means that you do not have to pay me a retainer upfront, instead I will take a percentage of the damages recovered on your behalf. If you have been the victim of copyright infringement or unpaid royalties, call my office for a free consultation.
