Used and Abused.

groovemaster_flex

Silver Member
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.
 
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
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.

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?
 
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:

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?
 
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.
 
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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!
 
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.
 
I'm going to post on their FB. muahahaa


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/Massi...-Chanel-Alonzi/129084737867?v=wall&ref=search
 
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...
 
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.
 
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
 
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.
 
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