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bay area torture control Sandan  |
First of all, I'm sad to see this kind of thing happen to anybody. Secondly, can you get all the raw tracks?
I have a feeling there are people on this board like me, that will help you out for free if we can get the raw tracks. There are lots of folks here that are heads and shoulders above what I heard from your link. We could turn this into something positive. Maybe have a mix contest where you could pick which mix style you like the best. I know we did this before on this board for a fellow forumite just for kicks and we got some great stuff out of it. He just gave us a link to download all the tracks. Anyone with me? -------------------- Supersonic Samples :: Premium Drum Replacement Library Supersonic :: DOWNLOAD Page :: | 1 | 2 | 3 | 4 | 5 | 6 | ------------------- |
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5th kyu |
Thanks! As for the tracks... maybe, but I really doubt it. I mean, they've yet to let me into the studio to hear the tracks since September 2nd. I'd probably do better to re-record them myself and let someone else mix it, et cetera. In the meantime, I'm just trying to figure out how to get my money back.  Thanks for replying and for your kind words. It makes me happy to know that there are some good people in this business. |
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Yondan |
Without a contract, it'll be hard to get your money back. Hiring a lawyer will cost you more than you'd get back. I'd propose:
1. File a BBB complaint against the producer and the studio; 2. File in small claims court against both the producer and the studio. You have to name them both. Otherwise, they play the game of pointing fingers at the other and the judge won't be able to assign liability. You need letters from these fine people who are professionals in the industry. They need to say whether this is within the norm of business practice in the industry. Without a contract, the judge will look to what everyone should understand as normal in the industry to define the terms. That'd end up being their word against yours. The letters, while not the best evidence, could help to tip the scales in small claims court. 3. If they offer you at least 75% of your money and the raw files, take it and run. If only I knew 1/10th. |
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Yondan |
Yeah, that sounds like ass ... I see on your website that you have a real band - are your guys playing on the studio stuff? If not, why? If you can get the tracks, I'd also be happy to give it a whirl gratis.
mud www.mudbean.com Everyone brings joy to my room ... some by entering, some by leaving. "He was a dreamer, a thinker, a speculative philosopher ... or, as his wife would have it, an idiot." -- Douglas Adams |
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2nd kyu |
Sixstringlass, I’ve been following your unfortunate story here for the last couple of weeks, and I’ve got to tell you, this seems fairly straight forward to me.
You had a verbal agreement with this so-called producer—not the engineer. The explicit agreement was that he would produce X number of tracks for you in exchange for your money. The bottom line is that you paid him what he asked, but he has failed to uphold his end of the bargain. Shortyprs is right; you should take this guy to small claims court. Continue getting as much legal counseling as you can squeeze out of your lawyer, but don’t waste anymore money on that. It sounds to me like you have just about everything in order (emails, phone logs, meeting logs, etc). I have little doubt that a judge wouldn’t award you your money back. In addition—as Shortyprs has already suggested—you should file against this so-called producer’s Co. with the BBB. Anyway, I really encourage you to follow through with this. Don’t let these clowns get away with ripping you off. Cheers, k |
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Yondan |
I don't know if this is a good idea or not, but let me just say it:
You could also tell us their company name and email address, and a few of us could write to say that we had been advised of what was going on with your project and that we wanted to speak up on your behalf. |
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Yondan |
Doug, the sentiment of your idea is certainly applaudable, but I doubt it will help - I'm sure the "Producer" couldn't care less, and it would be irrelevant to the court, as our involvement is due entirely to hearsay. Nice try, though! mud www.mudbean.com Everyone brings joy to my room ... some by entering, some by leaving. "He was a dreamer, a thinker, a speculative philosopher ... or, as his wife would have it, an idiot." -- Douglas Adams |
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Yondan |
I'm just thinking of the pain of public embarrassment among the community of Studio Forums, Mud. Right now, these guys think they have 6stringlass over a barrell. I woner how cocky they'd feel if they knew we were all onto them.
I think she showed admirable restraint in holding back their actual names, but in truth if some supplier screwed us even 1/10 as bad as she's being screwed, every single one of us would jump on here and start a thread with specific names and details, and mfrs would hear about it eventually. |
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Yondan |
Gotcha! mud www.mudbean.com Everyone brings joy to my room ... some by entering, some by leaving. "He was a dreamer, a thinker, a speculative philosopher ... or, as his wife would have it, an idiot." -- Douglas Adams |
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Shodan |
Let's keep this straight. You're not an idiot. They took advantage of you and I doubt that'll happen to you again. The mix you linked to makes me really wonder about them. I kind of wonder if they gave you something that clipped on purpose. Best of luck with the project and future proceedings. Steve |
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1st kyu |
This idea might not work, but, at this point, what do you have to lose? You tell the studio guys you're going out to LA, or Nashville (whichever is appropriate) to follow up on a lead for your music. You wait two weeks. Then you come back to the studio, with some friend of yours masquerading as the industry pro you found out in LA/Nashville. (You might have this person dump some tan-in-a-bottle all over themselves, just to look the part.) The industry pro is all smiles, saying he can't wait to hear the material, because he wants to find a local studio to produce more of his artists. Your deadbeat producer is going to be seeing dollar signs, so he's going to finish your songs, and do a good job on them, hoping to get more work from the fake industry pro. Make sure the fake industry pro has to interrupt the meeting several times for fake phone calls, where 'Britney's manager' or 'Avril's producer' is mentioned - whatever would be appropriate for your situation. You'd be surprised how greed can motivate the laziest of people.
***** Give a man a fish and he will eat for a day. Teach a man to fish and he will wipe out an entire species. |
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bay area torture control Sandan |
dunc, I'd love to have that on video
 -------------------- Supersonic Samples :: Premium Drum Replacement Library Supersonic :: DOWNLOAD Page :: | 1 | 2 | 3 | 4 | 5 | 6 | ------------------- |
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5th kyu |
That's part of why I haven't just sued them already. I'm afraid that whomever decides on the case would rule it a case of he said/she said and dismiss me entirely. Then, I'd be out the $3,500 and legal fees. And I'd thought of the BBB, but, the problem I see there is, I looked up their names the names of their "businesses" in Washington State's database of business names, and NOTHING comes up. In the state of Washington, I know that, to even open a business checking account, you have to have registered the name (even if it's a sole propietorship) with the state. That DBA has to be on file, and you have to be paying taxes, or you can get in deep you-know-what. But I don't know what the BBB would do with a complaint about a business that - according to the state - doesn't exist. Thank you for your reply. I really appreciate the support! |
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5th kyu |
Thank you for your offer! If I ever get this settled, I might take you up on it! As for my band, the prodfucer told me that my band sucks (and that I stink at singing, too) so that he would be playing all the instruments. He likes my songwriting, though, and told me that I could make a lot of money in publishing or licensing the songs. He told me to forget about my band going anywhere, to forget about being a performer, and to forget about ever getting signed... and yet his contract contains a clause that states that I am obligated to attempt to get him hired as my producer if a major or Indie label wants to sign me, and, if he is hired as my producer for this hypothetical deal, that he gets 3% of my advance. His contract also says that I have to give him 5% of sales whether I get any deals or not... even if I sell the CD at shows. And they haven't even "signed" me to their label yet. |
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5th kyu |
Thank you for your reply! My attorney charged me a one-time fee for this whole ordeal, so that's taken care of, even if I have to go to court. I would still have to pay small claims filing fees, though. I'm still waiting to hear from them. It's been three days since I replied to their letter that contained the song and their unedited contract. They've yet to reply to me. I'm sure they are busily forging logs of time spent on my project to try to keep me from going after them for my money... I'm pretty sure that the computer they're using keeps track of when and how long a track was worked on. I don't know how much that can be manipulated, though, or if they'd even know enough to do it. I mean, they can't keep their lies straight. I haven't even told you guys the half of it yet. Heh. Thanks again for the reply! |
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5th kyu |
Thanks so much! |
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5th kyu |
I LOVE that idea! Might even work on this name-dropping idiot, too. Charity |
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Calm Confidence Radiater Sandan |
this is the super secret EQ technique in action? this would take me, or nearly anyone here, about 2 hours to do better. It's not horrible work, just sounds beginner-ish. It's horrible for $700/song at a certain point you cut your losses, quit messing with these people and get your music done somewhere. If the money spent is every penny you've saved and very hard to come by then by all means, try to get some back. If not, don't expect much. start a new chapter. do these people advertise, like on Craigslist? that's my second favorite song of all time...everything else is tied for first though. |
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bay area torture control Sandan |
I think the best course of action, considering the $ amount and the he said/she said factor ...would be to simply tell them to get you the raw tracks and that you'll gladly walk away from them without a legal battle. This way you at least have your tracks and can get them mixed somewhere else. You might actually have a product after all is said and done and your money was simply worth less. Let the word spread around town that they are a couple sheisters and watch their business fail miserably.
-------------------- Supersonic Samples :: Premium Drum Replacement Library Supersonic :: DOWNLOAD Page :: | 1 | 2 | 3 | 4 | 5 | 6 | ------------------- |
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Plunging Puppy Sandan  |
Assuming the raw tracks were recorded well enough to proceed with... Who are these people anyway? What info does google provide? May give you a clue how to handle them best. Best of luck in this. -------------------------------------------------------- Reality is merely an illusion, albeit a very persistent one. |
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