LP produced product after signing NDA w/me...w/o/me

iwantmemoney

Senior Member
Do I have a case? I got the agreement 2 yrs. ago, it's good for 7 yrs. They weren't interested. I went into the store a few weeks ago and there it was, made by them.
 

trynberg

Senior Member
Contact a copyright/patent lawyer. I hope you have full documentation of the design and communications with LP.
 

bermuda

Drummerworld Pro Drummer - Administrator
Staff member
Yep, depends what the agreement says. If you recorded for the label, or signed a licensing agreement, they own or have the rights to the masters and can do what they want. They still have to make appropriate payments per the agreement, so really scrutinize the terms. An entertainment lawyer is a smart idea, but be careful how much you spend on this whole mess. With all due respect, are there millions at stake here? Were you paid already, and/or do you have a contractual stake in the recordings?

Bermuda
 

iwantmemoney

Senior Member
Yep, depends what the agreement says. If you recorded for the label, or signed a licensing agreement, they own or have the rights to the masters and can do what they want. They still have to make appropriate payments per the agreement, so really scrutinize the terms. An entertainment lawyer is a smart idea, but be careful how much you spend on this whole mess. With all due respect, are there millions at stake here? Were you paid already, and/or do you have a contractual stake in the recordings?

Bermuda
Thank you for the reply but I think it's misunderstood? This is about a product...an instrument. Not a recording. Thanks tho!
And I do have documentation. It'll be a little hard to get but it exists.
 

Andy

Administrator
Staff member
Yes, documentation is key, & the devil's in the detail. For your sake, I'm hoping the NDA outlined the key unique features of the proposed invention (essentially, a patent style listing), & those features (even in isolation) don't appear in anything else that's on the market.

Good documentation is so important. I'm just at the conclusion of negotiations with a major MI company who wanted to do something that potentially impacted my business. If I didn't have it all nicely wrapped up in the first place, they would never even bother negotiating, they'd have just rolled over me.
 

Skrivarna

Senior Member
Thank you for the reply but I think it's misunderstood? This is about a product...an instrument. Not a recording. Thanks tho!
And I do have documentation. It'll be a little hard to get but it exists.
To be honest, I first also read "LP" as in the revolving vinyl disc, not as in Latin Percussion...

Have you talked to LP about this? It seems you have not (or you should have let us known their position), and it seems troublesome that the documentation will "be a little hard to get". If you don't have a very strong case, with all the documents in order, I'd say try to get a deal directly with LP.
 

iwantmemoney

Senior Member
Ha! And double haha!
You guys are messed up!
I'm from the age of LP's, as in long playing vinyl records, but I was just trying to fit my whole topic in a very short sentence! Sorry about that...

Originally I took out a provisional patent, which doesn't cost much and lasts for a year. Because of that I described everything about the product - not just how I made it, but essentially what it does, such that no matter how it was made by anyone else, I would be covered in principle.

I did speak with a patent attorney whose father had 89 patents or something like that, and he had patents himself. He called patenting "the sport of kings" because a large company will eat you for a small snack and say, "take us to court..."*
Therefore his advice was to go for brand loyalty, which sounded pretty shaky, but I worked with the idea of trying to appeal to the 'fraternal brethren' aspect of drumming a little. And there's a lot to it, but on the other hand you need to be able to finance it. Game over.

That's when it dawned on me that a nondisclosure agreement may actually be better than a patent and so I went for it.

The "hard to get to" part concerning documentation is because I had a private provider for my email and after I moved, my sons changed providers. So the emails exist but I have to somehow get my mitts on them.

The product is not Einsteinian. It's something that I needed that didn't exist, nothing more to it than that. And I'm just really not getting my hopes up because I think that they may have some goofy way around it.

I think I might go over to Suffolk law school and see if somebody needs a a project to work on for graduation haha.

While we're on the topic, I have the best snare drum muffling that I've ever heard, & I wouldn't use anything else. I can turn a total piece of crap, cantankerous tin can into pure studio fatness in about 2 seconds. I'd like to submit that to someone.

Anyway thanks. I avoid Drummerworld because I cannot multitask! I don't know how you guys do it. But I appreciate cha!
 
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KamaK

Platinum Member
And Skri, no I haven't talked with LP. Do you think that I should, privately, before discussing it with someone?
No. You should call an attorney. Discussing this (even this thread) is a bad thing to do in a legal sense. Call an attorney.
 
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