Some things in life may happen
that are really painful to talk about -so people tend to put it aside
and they just don't talk about it at all. Sometimes they may not talk
about it to anyone - for many many years.. Like a deep dark secret,
people tend not to admit their mistakes to anyone. Their frailty. And
in this business of handling music rights and royalties - (there
are a few people like myself who dharmically end up ON THIS SIDE of
the desk becoming a confidential party to hearing these horror stories,
and to keeping these terrible secrets). When we hear the real
story, its incredible how these tangled tales of legal malappropriation
and extreme unilateral financial loss come flying out of the closet.
Like a cold slap in the face. (And, this is precisely where I seem to
come in to the picture)..
As a royalty recovery consultant - I often am called upon by attorneys
and by Artists and Writers themselves (both very famous and some lesser
known) to do the dirty work, play the Sherlock Holmes part, work to
open the problems up - put it on its feet, explain it, and define it
legally -- THEN see IF we can go and get it, go and fight the fight,
to try to right some of the wrongs, as it were. And sometimes the people
that hire you may be the heirs of the Artist -- and this issue may be
already long foregone (due to a statute of limitations) -but their heirs
simply want to understand what happened. It's usually where did the
money go and why, or some horrific document that was signed years
ago -- suddenly is found --(and guess who gets to explain it to them
?). This is not often pretty. The kind of document that someone may
coerce you to sign off all your rights on. My big problem with this
is -- a lot of the time (my client or their heirs had not any idea what
they were giving up at the time). They didn't see the horizon you might
say.. Why? Because someone may have obscured the view , if you understand
what I mean...
On the other side of Rights recovery -- lies royalty recovery. This
is where you hire someone to get you what's unpaid and due to you. All
itemized and tied up with a ribbon and a check! This work can be a major
tenacity and endurance test -as I begin fighting to get the back accountings
that are due to an Artist or a Writer. But be not mistaken that IF we
hit a wall - and you need an attorney to help ME fight for you legally,
we will enjoin one .. It's a good idea for me to know the ones who will
work contingencies and those guys that really care to help fight for
the Artist, selflessly - at the ground level, in sending demands and
more. And I keep an elite and special group of those cats handy. But
sometimes the client may find that all their lawyer correspondence work
-(still doesn't settle the outstanding issues and may lead to having
to get a big litigator and file a big major lawsuit)...
Did you know that it takes a ' very wealthy person' just to file
one of these cases? Even if you have a lawyer on contingency, you still
have out of pocket costs, depositions, and fees that maybe - (will knock
you right outta the box). So what do we do, (well, I beg and beg and
fight sometimes to try to do everything short of a lawsuit, to force
the perpetrator's hand.) That's one strategy. Still the price of justice
ain't cheap. And the facts are that 98% of all situations started sometimes
have to give up, due to running out of legal funds. Even though I have
devoted my life to working some of these incredible cases on a finders
fee, it's not always enough, even when I'm kicking my work in to try
to help...
Welcome to the music royalty graveyard ,the place where misfortunate
Artist's, Musicians and Writer's dreams end up . I have spiritually
asked myself "How did I ever got into this area of specialization?"
I never asked for this talent that I was given to do this work, and
didn't learn how to help in this area until at least sixteen years of
being an independent music publisher owner of these firms. With my own
firms founded in 1958 I was virtually thrown into the frying pan to
handle over 800 songs worldwide -and later this through goodwill and
recommendations brought me many many other Artist's Publishing firms
to handle - (and I try to handle all these client's firms with the same
diligence, vigilance and love that I handle my own with).
But something else kept popping
up, like a signal of some kind; I SAW A NEED THAT WAS CRYING OUT TO
BE FILLED. And when I'd be taking a meeting with an Artist or Writer
(who had quite a recording/song dossier) from the 50's-60's or
70s- we would somehow end up -not just talking about what they had that
they needed administrated , but what they NEVER were paid on at all.
And I'll tell ya it's a ball of worms that every time I attempt to untangle
it--(asking them invasive questions like a bloodhound, their story unfolds,
unravels, tightens, constricts) and later it usually spits out a bunch
of horrific old documents that this person had (usually) - unadvisedly
and unwittingly signed in the past. And guess what? They never knew
what it all meant. But they knew something was really wrong, and sometimes
even their own lawyers didn't advise them NOT to have signed it - but
may have helped to coerce them to sign them anyway. To sign away what
would represent irreparable damage to them, forever...
Quite recently I got to the bottom of a very
long time music business mystery - in just this way. I found this key
piece missing - this piece of paper that was the real key as to why
someone took their life over that situation. Never had I imagined I
would find this reason out. It was shocking and sad, to all of us. But
it was really shocking what their lawyer DID.. But that's a really a
drastic exception to anything I'd ever seen before, or hope to ever
see again, thank god. The normal case is usually just a contract that
granted rights to someone who in turn was to account to YOU ,but they
JUST never did -- nor had you pursued chasing this accounting
...
And while we're talking about this -- and I'm looking at your papers
(IF you are lucky enough to HAVE kept copies)--IT sorta becomes surreal
at points, like a stage play that has already been through two acts
- the curtain falls before the third, and in I walk into this play that
has already been played out.
And if you DON'T have copies--(after my requisitioning copies of all
those documents) - THEN, I'M left again with the job of explaining to
you 'WHAT THE HELL REALLY HAPPENED'. That's how well I've mastered
reading this legalese in contracts. I've learned to comprehend it voraciously
and endlessly. In fact many people send me contracts, including attorney's
just to get my input and negotiating ideas on them, sometimes. And some
send me contracts BEFORE they sign them, too, as I can tell them what's
missing, what should be changed sometimes, firstly .. On older documents
I can usually find out- WHY you aren't getting paid, and WHY you should
be -and WHAT you should be getting. Explaining this to someone IS not
fun and sometimes the news may not be so good . And sometimes I'm really
encouraged at the outset looking at the whole case objectively, knowing
YES WE CAN DO THIS - and go get you paid. Bear in mind that usually
getting your rights back will take an attorney's help (and I will work
hard to build the situation and points up on paper chronologically with
all the facts and research) as I try to advise you of everything we
can expect during the battle and until we finally prevail. Sometimes
I have to convince an attorney (that you might choose from who I work
with, or I will work with your's in the same capacity) and we both work
it together on a contingency. As I work hand in hand with you and the
attorney in that way - it's kinda like having a therapist who understands
pain and loss, a personal detective who unburies information that others
really cant find (affordably) and also a pitbull in the collection area
(who reads royalty statements down to the bottom line) and who will
go right for the jugular- for your bread... I've wondered lately, why
--at this point in my life-- when I am feeling most secure as a music
publisher--( WHY do I want to be exposed to so much of other peoples
pain?) Why even go there? Why do I get so hung up on solving these things
for people - I think it's because I just really care a lot about the
principle involved in this, the justice sought and won. The challenge
is so incredible sometimes. I've asked myself this question, over and
over. And you know what? I find that I am serving a need and making
it affordable to many that might have just given up... The answer I
hear clearly in my heart --is THIS - IT'S THE ARTIST (their performances),
IT'S THE WRITER (their songs),that person's heir. I hear their call...
I hear it IN their music, see it on their massively reissued CD's, see
it on the faces of their heirs - as they ask, 'can you please help?...
Man, for the sake of that music, that person's legacy ,their dreams,
I do it. I've see how my life is enriched by having this real purpose
in knowing what I am capable of doing. Doing good is rewarding. Justice
helps to bring dignity ... To be given a gift to be able to help - to
give some of that dignity back - yeah- I find that's my biggest reward.
My motto always,- create, protect, then go forth and collect.
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