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groovemaster_flex 12-16-2009 08:13 AM

Used and Abused.
 
This happened to me a while ago, and I probably should've posted it when it happened, but it's been festering and now I'm pissed.

Basically, a couple months ago, one of my fellow students approached me and asked if I wanted to join his band. He told me that time was an issue, that they had to get stuff done, but everything was legitimate, everyone was talented, shows would be done, and people would be paid. He asked me if I could come over to his place for a couple weeks to track some drums for the bands upcoming album. Told me I would be a permanent member of the band.

Sounds good right?

WELL. Here's how it went down. He called me everyday, 4 or 5 times a day, any time from 5 in the morning to 11 or 12 at night. Keep in mind I'm a university student and my classes are at 8 30 in the morning, so I need my beauty sleep. He kept trying to get me to reassure him that I wasn't going to bail on the project, that they were going places, that he needed me to stay. It was frustrating, but I stuck with it. Whatever, he just wants everything to turn out great. I can empathize with that.

I spent two weeks in his studio after school for hours and hours, sometimes til 11 at night recording. I got 5 songs done the first week, and 2 more the second. Keep in mind I was making the parts up on the spot, and hadn't heard the tracks beforehand. Pretty good, I would say. After the recordings are done, he tells me I did a fantastic job, and that he'll send me the masters when they're done. Sweet deal.

I recorded this stuff the third and fourth weeks of September. The masters were due in the end of October. I ask for the masters October 31st. I get nothing from him. He tells me there's a photoshoot scheduled for the band on Thursday (the day he tells me this is Wednesday) I tell him I have my commencement, but I can do the photoshoot from anytime before 4, because I have to be at a my highschool commencement for 7. He says it's fine.

So, on the day of the photoshoot, he calls me at 5 in the morning telling me he cancelled it. I say that's fine, it gives me time to relax before my commencement. I check the band's facebook page the next day. Guess what I see? The photoshoot pictures. I'm pissed off, of course, so I call him up and he tells me he wants to talk about upcoming shows, etc. I'm telling him times I can do, he agrees, says he'll get back to me on when we can meet up. Never calls me back. The guy went from calling me more times in a day than my girlfriend does in a year to no calls at all.

I send him a few emails/facebook messages. No replies. So I stop, maybe he's stressed about the upcoming album release. Didn't hear from him for a while. When I check the band's facebook page about a month later, my name has been replaced with another name. I've been kicked out of the band and he didn't have the balls to tell me, after everything I did for him.

Oh yeah, and he's using my drum tracks on the album. And not giving me credit. And I don't get the mastered copies either, or the pay he promised me. I was stupid and should've got a contract written up so I have proof so I could take it to court.

Is there anything I can do, legally? The only proof I have are witnesses who can testify that I was at his house. He also told some people that I was recording for him. Do I have a case against him to get ANYTHING from him? I want compensation for my time, since he wanted to go and treat me like S@$&.

I'm so pissed about this. I really need some advice on what I can do.

caddywumpus 12-16-2009 09:25 AM

Re: Used and Abused.
 
Hmm...I re-read your post a few times. Sorry, I don't think you have any evidence against your classmate.

It sounds like a totally nasty and frustrating situation. The only thing you can really do is try to talk with this guy, or his other bandmates, and try to wrap up the situation in your own mind the best you can. This seems like the type of situation you'll be thinking back to with a negative view for years to come.

The good news, though, is you learned to get things in writing. At this early in the game, too! :D

TTNW 12-16-2009 02:41 PM

Re: Used and Abused.
 
I'm not sure about Canadian law, but here in the U.S. a verbal contract is binding. His promise to pay, delivering a copy of the master recordings, and to give you a credit on the album are what he owes you for the work you performed. A lawyer could clarify whether or not it will be worth your while to pursue it.

Your best course of action is to contact him and discuss this. Try to resist threatening legal action until you are certain he has no intention of making good on any of his promises. Otherwise he may just become more adversarial than necessary.

I understand how you feel. Regardless of how much money you lost, it's usually the principle of the matter that gets you riled up the most.

You were damaged in a few ways, so pick and choose your battles carefully. In the long run, getting the album credit for your drumming will be the most valuable to you. Any money you might get on your own or through legal action won't give you much satisfaction.

Sorry to hear this happened to you, but good luck with the whole situation.

Big_Philly 12-16-2009 02:48 PM

Re: Used and Abused.
 
Maybe record the conversation you have with him - if there's going to be a conversation - about him not keeping his promises. Verbal contracts may be binding (also in the netherlands) but proving a verbal contract is gonna be difficult.

You might also want to tell their new drummer about it. Try to have a talk with him. Chances are he's gonna want to leave the band when he hears about it.

TTNW 12-16-2009 02:53 PM

Re: Used and Abused.
 
Once again, check Canadian law. In the U.S., non-consentual recordings are not permissible as evidence in court. You could leave a message for him asking him to call you back and that if he doesn't want to speak with you, he could at least leave a message on your voice mail explaining what happened.

Then, maybe he'll be stupid and admit to your prior arrangement and you will have a legit recording.

larryace 12-16-2009 03:29 PM

Re: Used and Abused.
 
I think you should walk up to him man to man and demand what you are owed. Direct your anger squarely at him, where it belongs, and be prepared for a physical confrontation. Get in his face if necessary, but don't be the first to strike. You'll feel better about yourself, and you will gain his respect. Just don't cause any permanent damage. You've been wronged and need to stand up and be reckoned with.

keep it simple 12-16-2009 03:33 PM

Re: Used and Abused.
 
Sorry to hear of this. The feeling of being betrayed & taken for granted is horrible. Don't let it eat at you. One point of leverage, the recording they're using is of your performance. You can tell him that he's using your performance without your permission (as he's not honoured your verbal agreement) and you want it withdrawn. That'll leave him with the cost and hassle of a new drum recording.

TTNW 12-16-2009 04:47 PM

Re: Used and Abused.
 
Quote:

Originally Posted by larryace (Post 642702)
I think you should walk up to him man to man and demand what you are owed. Direct your anger squarely at him, where it belongs, and be prepared for a physical confrontation. Get in his face if necessary, but don't be the first to strike. You'll feel better about yourself, and you will gain his respect. Just don't cause any permanent damage. You've been wronged and need to stand up and be reckoned with.

Right on Larry. I was a roofing contractor for many years. You're an electrician.

Don't mess with the trades, man.

larryace 12-16-2009 10:21 PM

Re: Used and Abused.
 
Quote:

Originally Posted by TTNW (Post 642715)
Right on Larry. I was a roofing contractor for many years. You're an electrician.

Don't mess with the trades, man.

Aw man roofing. Carrying those 100 lb shingle bundles on 1 shoulder while scaling a shaky ladder 20 feet up, in blistering heat and whipping cold....You has my sympathies!

Actually Groovemeister, you don't have to break bad right away, but you should be firm in that you won't go away until he lives up to his word. You have to give him a chance to make good before you do double paradiddles on his face with your fists...I have to collect money this way. I just act firm and am RELENTLESS. Showing up in person is the best way, he can't hide behind a phone or computer. Look him right in the eye, don't waver and don't leave until you pin him down WHEN he will make good.

Monica McCoy 12-16-2009 11:03 PM

Re: Used and Abused.
 
Just bust his jaw and call it even.

TTNW 12-16-2009 11:38 PM

Re: Used and Abused.
 
Quote:

Originally Posted by larryace (Post 642821)
Aw man roofing. Carrying those 100 lb shingle bundles on 1 shoulder while scaling a shaky ladder 20 feet up, in blistering heat and whipping cold....You has my sympathies!

Actually Groovemeister, you don't have to break bad right away, but you should be firm in that you won't go away until he lives up to his word. You have to give him a chance to make good before you do double paradiddles on his face with your fists...I have to collect money this way. I just act firm and am RELENTLESS. Showing up in person is the best way, he can't hide behind a phone or computer. Look him right in the eye, don't waver and don't leave until you pin him down WHEN he will make good.

I've got the shoulders to prove it. 90lb hot mop rolls up a ladder all day long. Tell me you won't pay me beaaattchhhhh!!!!!!

You're right. He should be cool until the guy says he'll square up with him or NOT.

Quote:

Originally Posted by Monica McCoy (Post 642855)
Just bust his jaw and call it even.


Awww. Monica, you're such a badass. Easy girl. He's a college student. Don't encourage him to get medieval on him. ;-)

Alright, Grooveflex. We've got your back. Whatcha gonna doo now?

Pollyanna 12-16-2009 11:53 PM

Re: Used and Abused.
 
But what if he's not a pugilistic kinda guy? He might also not be thrilled wih the idea of being up on assault charges.

KIS's idea is interesting:

Quote:

One point of leverage, the recording they're using is of your performance. You can tell him that he's using your performance without your permission (as he's not honoured your verbal agreement) and you want it withdrawn. That'll leave him with the cost and hassle of a new drum recording.
Trouble is, it might be hard to let go of a milestone like the first performance on an album. But if you're uncredited you'll be in the situation where no one but friends will believe you. But how to prove it's your performance and not the other drummer's?

A bit surprised that the other drummer is going along with it. How can he be happy with being credited for another drummer's performance?

groovemaster_flex 12-17-2009 07:31 AM

Re: Used and Abused.
 
I have no idea who this other drummer is. I've never met him, and I have a feeling he's good friends with the guy I will now refer to as the dick. They went to school together according to facebook.

I'm not huge on fighting. I'm all for peaceful resolution, but the thing is, he's a classmate. I've already told him that what he did to me was shitty, and a LOT of other people have told him the same thing. All I want is credit, and he's not giving me that. I don't give two shits about the cash or the mastered tracks. I'll just rip the songs off the myspace if it's really that big of a deal.

There's no picture proof that I was ever at his house. As someone stated earlier, the only evidence I have is people knowing I was there. My dad dropping me off to record, telling my friends that I was recording, etc.

This isn't the first album I've played on either, but the people I've dealt with up until now have been great. This came as an unexpected and unwelcome surprise. I'm thoroughly livid. If I could get away with socking him in the jaw, believe me, I would. But that would get me kicked out of University, plus, I'm old enough to be legally tried as an adult.

jim_gregory 12-17-2009 12:09 PM

Re: Used and Abused.
 
Welcome to the real world kid. I have been dealing with people like that on and off and in different situations for over 50 years. The sooner you learn to cover yourself and not let yourself be in a position to get screwed, the better off you will be.
I figure let papa handle it legally, though I'm a bust his nose type. He needs punishment in some fashion if for no other reason then to make you feel somewhat better, though if there is no real value monetarily it can be just more frustration. I would lobby to get my tracks off there. Who wants to be associated with a putz like that?
I went to the face book page and my IE crashed instantly. Bad vibes with this dude. Rest assure that he will somehow sometime pay for his lack of integrity. Everyone does and there are no exceptions.
You on the other hand, are learning how NOT to treat people and will carry it forever. With OUT permanent scars. So good on you.
Remember. If there werent @ssholes in the world, the rest of us wouldnt look so good!

jonescrusher 12-17-2009 12:27 PM

Re: Used and Abused.
 
Is there an equivalent of a small claims court in Canada - somewhere you can seek arbitration for a small fee? With the lack of any written contract and no evidence of a verbal contract trying to seek credit for your performance is unlikely to be successful but there might be a chance he's willing to pay up something of a performance fee.
Better pray they don't have any sort of success - it would be appalling if they actually started selling records with your playing on it :/

Lessons learnt here - either do these things as a favour for friends; do nothing with out a contract and/or take fees upfront.

KnockOut86 12-17-2009 05:05 PM

Re: Used and Abused.
 
I'm going to post on their FB. muahahaa


Quote:

Originally Posted by groovemaster_flex (Post 642992)
I have no idea who this other drummer is. I've never met him, and I have a feeling he's good friends with the guy I will now refer to as the dick. They went to school together according to facebook.

I'm not huge on fighting. I'm all for peaceful resolution, but the thing is, he's a classmate. I've already told him that what he did to me was shitty, and a LOT of other people have told him the same thing. All I want is credit, and he's not giving me that. I don't give two shits about the cash or the mastered tracks. I'll just rip the songs off the myspace if it's really that big of a deal.

There's no picture proof that I was ever at his house. As someone stated earlier, the only evidence I have is people knowing I was there. My dad dropping me off to record, telling my friends that I was recording, etc.

This isn't the first album I've played on either, but the people I've dealt with up until now have been great. This came as an unexpected and unwelcome surprise. I'm thoroughly livid. If I could get away with socking him in the jaw, believe me, I would. But that would get me kicked out of University, plus, I'm old enough to be legally tried as an adult.

Anyone interested in the band that I'm having... Difficulties with. Here's the link.

http://www.facebook.com/pages/Massim...all&ref=search


groovemaster_flex 12-18-2009 05:55 AM

Re: Used and Abused.
 
LOL thanks Knockout, read what you wrote xD I don't think he's smart enough to clue in on it, but the effort is definitely appreciated, it made me smile.

I have no idea, my dad has a friend who is a lawyer (who actually deals with businesses) so we're just going to talk to him to see if it's worthwhile pursuing this or not. I mean, I would be getting royalties as I wrote my own part, but if I'm going to be paying hundreds of dollars in fees to get cents in return, then what's the point, right?

After this incident, I wrote up a basic contract regarding my services, so I can get in writing that the person agrees to pay me for my work, give me the mastered copies of tracks I've played on, and give me credit for any work on the album that I do. I'm also going to start keeping receipts, so I know who has paid me for my work and who hasn't.

But jeez man, this really cheeses me. Has anyone had any similar experiences they can share? I'm not an in your face kind of guy, I don't like physical confrontations, especially when my academic career is at stake.

Also, I don't know much about the legal system, so I don't know anything about small claims courts or the like but I can definitely find out. I really want someone to just slap this guy upside the head really hard.

I want to know what his parents think, cause they really liked me...

Pocket-full-of-gold 12-18-2009 06:08 AM

Re: Used and Abused.
 
Quote:

Originally Posted by groovemaster_flex (Post 643316)
I mean, I would be getting royalties as I wrote my own part

Do check with your lawyer Groove.......in Aust, claiming writing credits for a drum part would not be enough to get you royalties. Melody is the key element as far as our courts are concerned. And no ruling in your favour would ever be given purely because you came up with a drum part. Worth checking.

groovemaster_flex 12-18-2009 06:39 AM

Re: Used and Abused.
 
Quote:

Originally Posted by Pocket-full-of-gold (Post 643320)
Do check with your lawyer Groove.......in Aust, claiming writing credits for a drum part would not be enough to get you royalties. Melody is the key element as far as our courts are concerned. And no ruling in your favour would ever be given purely because you came up with a drum part. Worth checking.

Thats so balls. The law sucks. I'm so upset xD

DrumEatDrum 12-18-2009 07:17 AM

Re: Used and Abused.
 
Sorry to hear of this.

Unfortunately, it happens all to often. Similar things have happened to me. Chalk it up to experience.

The question is this person really going to do something with these recordings?
Spending time to try to get royalties off of something that doesn't sell isn't a great use of your time. I 100% understand your anger, but a percentage of zero is still zero.

Document what you can just in case, but I wouldn't bother chasing this guy down further unless he actually is able to sell the recording and make money.

And no, you can't claim any copyright on drum parts. There was a thread on this topic recently, but for the most part, copywrites cover lyrics, melody and harmony, but not drums. And if drums could be copywritten, everyone here would be in massive financial debt to Cozy Cole, Gene Krupa, Ringo Star, et all, for playing beats and fills that have been played by someone before.

Geri Attrique 12-18-2009 11:45 AM

Re: Used and Abused.
 
Hey! I went to York (about a million years ago)! I have a BFA (visual arts). What's it like up there nowadays? Does Rob Bowman still teach there? Is the Absinthe Pub still open?

Anyway, sorry to hear about your rotten classmate.

jonescrusher 12-18-2009 12:43 PM

Re: Used and Abused.
 
Quote:

Originally Posted by DrumEatDrum (Post 643331)

And no, you can't claim any copyright on drum parts. There was a thread on this topic recently, but for the most part, copywrites cover lyrics, melody and harmony, but not drums. And if drums could be copywritten, everyone here would be in massive financial debt to Cozy Cole, Gene Krupa, Ringo Star, et all, for playing beats and fills that have been played by someone before.


I don't think the issue here is one of copyrighting a specific part - the royalty issue is to do with writing credit, which would normally be decided before release. In a fair world, you'd be given a percentage of the writing credit for each track depending on your contribution. You should also be given a portion of the mechanical royalty for each sale even without writing credit.
That said, unless this group are going to be selling hundreds of thousands of records it's best chalked up to experience.

groovemaster_flex 12-19-2009 10:48 AM

Re: Used and Abused.
 
Quote:

Originally Posted by Geri Attrique (Post 643364)
Hey! I went to York (about a million years ago)! I have a BFA (visual arts). What's it like up there nowadays? Does Rob Bowman still teach there? Is the Absinthe Pub still open?

Anyway, sorry to hear about your rotten classmate.

I have no idea, I'm not really involved in the visual arts program. The Absinthe is still open, though! I don't know if the ferrets were around when you went there, but one of them passed away due to cancer. They had funerals and everything, it was really upsetting! I play there with my jazz group and my acoustic pop group every so often for giggles. It's good times :)

As to my classmate, apparently they're legitimate and are looking at serious radio airplay. He's manipulative enough to get the band on the air as well. I haven't talked to the lawyer yet, but will sometime this week.

TheGroceryman 12-19-2009 04:18 PM

Re: Used and Abused.
 
Quote:

Originally Posted by KnockOut86 (Post 643079)
I'm going to post on their FB. muahahaa

haha i did that too, read what i said...

i couldn't believe people could be this disrespectful...i really don't know what i would do in this situation, i would be so dam angry. I hope you get this resolved soon cause this stuff breaks my heart.

groovemaster_flex 12-19-2009 10:08 PM

Re: Used and Abused.
 
I'm just wondering how they're going to respond to this. I don't think he has the balls to say anything to me, but we'll see...

Drums&Beer 12-20-2009 12:46 AM

Re: Used and Abused.
 
I know that this is the probably the toughest thing to do and also the easiest thing to say coming from someone like me who has no investment in the situation. But seriously, walk away, move on and don't look back. One of the best things you can do for yourself is to make these difficult decisions and do it with grace and tact.

Trust me, you'll be much better off writing this person off at least for the moment. On top of that you don't want to burn any bridges with anyone else in the group. You never know when someone that you've worked with in the past perhaps affiliated with this situation with think of you for a future project.

groovemaster_flex 12-20-2009 02:09 AM

Re: Used and Abused.
 
Yeah, but the deal is man, they're all in on this.

The singer is the jerk's sister, and the bassist and him were in on this plan together as well. They didn't want to pay a drummer, so they offer one a spot on the band roster until the recordings were done, then they dumped the sucker. The sucker being me.

It's not about the money, the tracks, or even the credit (although all of that would be really nice.) It's about principle. The guy deserves a swift kick in the nads and the shins for doing this. He needs to learn that he can't go around using people to get shit done. Cause I'm not the only person he's done something like this, too. The way he sees things, is that everyone is around to do service for him, whether it's help on our transcription assignments, recording for his band, or transposing charts for his jazz combo. He's a user and an abuser and he needs to learn that he can't get away with this stuff all the time. In simple terms; he's just a bully.

I'm pissed because I would never do anything like this to anyone. Your name and reputation is the end-all and be-all in the music industry. I treat everyone I've ever played with with respect, care, and compassion because that's what they deserve. He lies, cheats, and deceives everyone he plays with. Obviously he's not the only one who does this, but I can't stand by knowing that he's going to do this to someone else, and is doing this to someone else. I'm sure you can all empathize with that feeling.

I just wanted to thank everyone for their support in this matter. Unfortunately, the lawyer states that there isn't much I can do, because I don't have any hard proof that I did anything, and the only way I could get anything would be if the jerk admitted that I played for him, which isn't going to happen. All I can do is spread the word that the guy is a jerk who no one should deal with or trust.

The sad part is, this experience has really affected my relationships with others negatively. I now feel like I have to be on my guard, waiting to be stabbed in the back by my friends. I put a lot of trust in this guy, and he abused it. I don't want that to happen again. He's also a good friend with one of my good friends, and I feel as though what happened with him is going to ruin that friendship as well.

We shall see. Again, thanks for your support guys, it means a lot.

TTNW 12-20-2009 02:10 AM

Re: Used and Abused.
 
It's bad karma. What goes around comes around.

Take the high road while trying to get your satisfaction and then move on.

Good advice from D&B.

GRUNTERSDAD 12-20-2009 04:42 AM

Re: Used and Abused.
 
Bad boys, bad boys, watcha gonna do? Watcha gonna do when they come for you?
A little Inner Circle to set the mood.

groovemaster_flex 12-20-2009 04:58 AM

Re: Used and Abused.
 
So guys, please lay off the facebook page for now. He's got the point, but he's also threatened to retaliate, saying I'm going to regret what he's gonna do if I continue. I quote, "You don't know the things I know." So, I just have to back off here. People don't necessarily believe the truth, right?

jonescrusher 12-20-2009 01:12 PM

Re: Used and Abused.
 
You're at university? This seems a little immature for people of college age. Tell him what you think of him and why, leave it at that, and take comfort in the fact there's almost no chance their band will go anywhere.

Geri Attrique 12-22-2009 01:58 AM

Re: Used and Abused.
 
Quote:

Originally Posted by groovemaster_flex (Post 643678)
I have no idea, I'm not really involved in the visual arts program. The Absinthe is still open, though! I don't know if the ferrets were around when you went there, but one of them passed away due to cancer. They had funerals and everything, it was really upsetting! I play there with my jazz group and my acoustic pop group every so often for giggles. It's good times :)

As to my classmate, apparently they're legitimate and are looking at serious radio airplay. He's manipulative enough to get the band on the air as well. I haven't talked to the lawyer yet, but will sometime this week.


HA! Ferrets...I think the same manager is there! If Rob Bowman still teaches up there you HAVE to take a class with him. The class I took with him was Music and Society (basically a history of popular music). His depth of knowledge is insane and he is a super generous and fantastic guy. He won a Grammy for the liner notes he wrote for the Stax boxet when I was at York.

Are you at Winter's college? I remember some of the crazy jazz geeks I hung out with (quite a few wacky drummers)! I had a great time at York. I hear it is all corporate now, though.

groovemaster_flex 12-22-2009 05:38 AM

Re: Used and Abused.
 
I'm winters college, but don't live in residence, so I don't really associate too much with the college aside from wearing the pin on my bag, lol. Unfortunately, I have NO room for spare classes, hard as that is to believe. I'm already at my credit cap, between private lessons and the mandatory courses, I have no room for anything else. Plus, I have to start my double major next year, and finish my general education (Natural Science, Social Science, Humanities). A lot of the mandatory stuff I feel is a little unnecessary, such as Fine Arts and Cultures as well as Music and Cultures. But the professors are all geniuses and I'm really learning a lot at this school, both from my teachers and my peers. I couldn't have made a better decision when it came to picking York. :)

Polymetrix1618 12-24-2009 08:55 PM

Re: Used and Abused.
 
Quote:

Originally Posted by groovemaster_flex (Post 642629)
This happened to me a while ago, and I probably should've posted it when it happened, but it's been festering and now I'm pissed.

Basically, a couple months ago, one of my fellow students approached me and asked if I wanted to join his band. He told me that time was an issue, that they had to get stuff done, but everything was legitimate, everyone was talented, shows would be done, and people would be paid. He asked me if I could come over to his place for a couple weeks to track some drums for the bands upcoming album. Told me I would be a permanent member of the band.

Sounds good right?

WELL. Here's how it went down. He called me everyday, 4 or 5 times a day, any time from 5 in the morning to 11 or 12 at night. Keep in mind I'm a university student and my classes are at 8 30 in the morning, so I need my beauty sleep. He kept trying to get me to reassure him that I wasn't going to bail on the project, that they were going places, that he needed me to stay. It was frustrating, but I stuck with it. Whatever, he just wants everything to turn out great. I can empathize with that.

I spent two weeks in his studio after school for hours and hours, sometimes til 11 at night recording. I got 5 songs done the first week, and 2 more the second. Keep in mind I was making the parts up on the spot, and hadn't heard the tracks beforehand. Pretty good, I would say. After the recordings are done, he tells me I did a fantastic job, and that he'll send me the masters when they're done. Sweet deal.

I recorded this stuff the third and fourth weeks of September. The masters were due in the end of October. I ask for the masters October 31st. I get nothing from him. He tells me there's a photoshoot scheduled for the band on Thursday (the day he tells me this is Wednesday) I tell him I have my commencement, but I can do the photoshoot from anytime before 4, because I have to be at a my highschool commencement for 7. He says it's fine.

So, on the day of the photoshoot, he calls me at 5 in the morning telling me he cancelled it. I say that's fine, it gives me time to relax before my commencement. I check the band's facebook page the next day. Guess what I see? The photoshoot pictures. I'm pissed off, of course, so I call him up and he tells me he wants to talk about upcoming shows, etc. I'm telling him times I can do, he agrees, says he'll get back to me on when we can meet up. Never calls me back. The guy went from calling me more times in a day than my girlfriend does in a year to no calls at all.

I send him a few emails/facebook messages. No replies. So I stop, maybe he's stressed about the upcoming album release. Didn't hear from him for a while. When I check the band's facebook page about a month later, my name has been replaced with another name. I've been kicked out of the band and he didn't have the balls to tell me, after everything I did for him.

Oh yeah, and he's using my drum tracks on the album. And not giving me credit. And I don't get the mastered copies either, or the pay he promised me. I was stupid and should've got a contract written up so I have proof so I could take it to court.

Is there anything I can do, legally? The only proof I have are witnesses who can testify that I was at his house. He also told some people that I was recording for him. Do I have a case against him to get ANYTHING from him? I want compensation for my time, since he wanted to go and treat me like S@$&.

I'm so pissed about this. I really need some advice on what I can do.

There's no legal recourse, as there's nothing in writing. I suggest you beat him up.

wy yung 12-25-2009 12:52 AM

Re: Used and Abused.
 
I'm sorry to read this, but not surprised. This happens all the time in this business. It is unfortunate, but I think it is a good lesson. It is something I had to deal with also. I'm owed for an album and tour. My problem was I did not treat the situation in a professional manner. I did not have a personal manager, I took people at their word and had no written contract.

The lesson here is to begin thinking of all aspects of your drumming as a business. You are in business, it matters not how small or large this business is. In business people are sold commodities, your drumming is one such commodity. No roofer works for free, nor does a plumber or lawyer. Why should it be different simply because we are playing music?

By all means find out legally what you can do. But next time someone asks you to perform, arrange it properly. Get a personal manager and pay him or her the 15%. In the long run it's worth it.

Good luck.


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