General Music Chat

New developments:

They've changed their MySpace around, put an unflattering commentary about me, with a picture used to mock me... It says something like "We want to thank Craig Maxim for his contributions to the band, and wish him well on his solo Vegas career" and in big type: "Good Luck Craig"

And then... Above their ReverbNation player, they listed all of themselves as copyright holders to MY music, with my name last. They even listed the Drummer's name as an owner of my music, though he didn't join the band until after they fired me!

They didn't list the several other ORIGINAL MEMBERS of the band for some reason.

I have a recording from 1993 where I played most of MY MUSIC with my first band, and 3 of the people who were there at that very gig, will testufy in court that THEY WATCHED AND HEARD me playing those songs that night.

I don't how they so casually, think they cannot suffer and legal retribution for this?

THEIR MYSPACE PAGE:

http://www.myspace.com/southernmischiefrocks

I'm actually going through a similar problem right now. My initial reaction was rage and frustration....similar to yours. I realized that the best thing that could happen is they get signed and the song winds up on their album.

Then it would be worth it to pursue it legally. It's not even worth it unless the song is being used to make some serious money.

It was a song I wrote and copywrote about 3 years before even meeting them. We had never even played it as a band. It was on a cd I gave them when I first met them, showing them what I had going on musically. I found out they started playing it about 6 months after I left the band. Messed up....

I told them good luck and just know that if they ever go anywhere, I'll be right there waiting...

The legal process seems to be long, expensive and takes a toll after a while.

Craig do you hold all the copyrights to this music without them? Just curious, I have been assuming you do.

there can't be any gray matter in a lawsuit. If a lawyer tells me he (or she) will take the case on a contingency and that I'LL END UP MOST DEFINITELY IN THE BLACK then I'll sue. There has to be money involved FOR ME, I mean BIG money, in order for me to go through all that aggravation. Otherwise it's a big waste of time...

there can't be any gray matter in a lawsuit. If a lawyer tells me he (or she) will take the case on a contingency and that I'LL END UP MOST DEFINITELY IN THE BLACK then I'll sue. There has to be money involved FOR ME, I mean BIG money, in order for me to go through all that aggravation. Otherwise it's a big waste of time...

See, that's exactly what one of those lawyers told me in this situation. How much have they made off of it? If it's nothing, then you're pretty much gonna hafta accept it & move on, cuz the court looks at it only in terms of how much were you ripped off. They don't take your irritation or outrage into account. It's all just dollars & cents.

If they've made nothing on it, you'll make nothing on it in a lawsuit, other than possibly getting them fined or slapped on the wrist. Is it worth it, to go to court, spend countless hours & dollars on it, having your emotions in an uproar over the unfairness of it all, possibly for months or even years?

It wasn't to me.

Craig do you hold all the copyrights to this music without them? Just curious, I have been assuming you do.

I hold all the copyrights cause I wrote all the songs.

That's our law!

But you mean... Registered copyrights.

A couple were even before I was with them, and I have done alot more since then, and am working on getting the rest done. Just haven't had the money until recently. But I can easily prove that I wrote all the songs myself, and with nobody else. Hell, most of the originals of mine, that we did, I wrote in 1993. 13 YEARS BEFORE I MET THEM! And I happen to have a recording of that gig still, and I still know 3 or 4 of the people that were there that night, 13 years ago, and will gladly affirm that fact in court. In fact, I had to give them a copy of that very recording, so they could learn most of these songs.

Proving it all, will not be a problem in the least. And I have copyrights now for most of the ones they learned from me.

I just don't get, how they think they can get away with this? Is it because they are not selling them OPENLY yet? They don't seem to understand that it is JUST AS ILLEGAL to upload them, and distribute them, etc...

Or have they committed a crime and registered them themselves already?

They are up sh*t's creek if they did that!

Willful copyright violation, which that would be, is punishable by 5 years in jail, and up to $150,000 fine PER SONG!

But who knows? They are stupid enough. And immoral enough.

And it's that last one that gets me the most. Why don't you write your own songs? How do you PRIDE YOURSELF on kicking someone out of a band to STEAL their music, and it doesn't eat away at your conscience?

I don't understand hearts like that.

Craig I have three songs that I Co-wrote, well I wrote them while in a band situation. After the band split I asked them if I could redo them sometime and they all agreed, however. There was a manager involved at that time and I've no idea if he copyrighted them though I would doubt it since he was a nice guy.

That was about 12 years ago now. Should I redo them? I've lost touch with just about everyone in that time though most know where to get hold of me. Two of them are good songs but one in particular stands out.

What I'm trying to say is this. Don't sweat it. You are a frenetic writer and always come up with stuff so why worry? Having rethought this you'll lose out on it. Not financially but fans will take a look at how you are taking this and make decisions based upon that too. It's just not worth the aggravation and health issues. On your MySpace page you say you are an activist. Activist no doubt you are but to be a bad loser and chase people will only create waves that will come back, they always do.

I hope you take this with the spirit it was posted.
Best.

Craig, don't have a premature e check ulation. If you have the rights to these songs, let the dumbasses make a mint and THEN sue them for every cent they're worth.

Chippy, I appreciate your advice, I really do. And I believe you genuinely have my interests at heart.

The only thing I could compare it to though, would be... What if it were a novel I had written? What if it was my car that was stolen? Or even being used without my permission. Would the same advice apply? You would likely agree that it doesn't, but why? The only reason would be, that those other things you perceive as having more value. But I don't perceive it that way. Some of those songs are very good songs. One of them in particular, is worthy of being on a gold or platinum album.

If there was any confusion over copyright, it would make it difficult to be accepted for licensing by a big name. Do I lose that opportunity, because I am waiting for a court date in the future, to resolve it?

That is why I feel I should handle it now. Get a judgement against them... which unfortunately for them, would likely mean ENORMOUS fines... $10,000 per song is what the courts have been handing down recently.

If I clear it up now. They would FINALLY get the message, that it is best to leave my songs alone, and concentrate on writing their own, anddoing covers to fill the blanks. It is likely that they don't do this, because they are under the delusion that if they don't SELL them, they are not liable for anything. But they simply don't understand how serious a crime this, these days.

They probably also believe that MY SONGS are the ticket to their making it big. But they are not dedicated enough, and not talented enough to make it big, especially without a strong front man. And they have only two, really solid positions, in that band. Drummer and Lead guitar. One middle-level guy, the bass player, and two others who quite honestly... SUCK (when we are speaking of professional level talent).

It should be funny really.

What did some of my industry friends call them?

Oh yeah... "The Craig Maxim Tribute Band"

LOL


But it's not funny, when I have material being considered by Tim McGraw, and am working on a demo for another guy, who may get a contract with Atlantic Records in a few months.

Not being in that band anymore, was a good thing in many ways... I'm able to write the songs I'm writing now, and not be limited by having the weaker links take a month or more to learn each new song.

I didn't pursue the band name in court.

You'd think they would have been thrilled about that, and just went about their own business and write their own songs.

No one has to harm the other that way.

I get my creative freedom back. They have a decent local band. The guy with the least talent gets what he always wanted.... control of the band.

Everyone's happy right?

But no... they insist on digging a hole that they will never get out of.

Had they handled things differently, rather than facing a judge, who knows if I couldn't have afforded them an opportunity later?

THIS is the WRONG BUSINESS to burn bridges in!

They just don't understand much about the business on that level. None of them have ever gotten that close.

I've no idea if he copyrighted them though I would doubt it since he was a nice guy.

Famous last words.

That was about 12 years ago now. Should I redo them?

I would check first, whether they copyrighted them or not. You can check this at: http://www.copyright.gov/records

Make sure to HIGHLIGHT whether you are checking by TITLE or by author's NAME.

A copyright lasts for the author's life, then another 70 years after their death. There are other rules, but that is the law for a published work.

I would check whether any of them copyrighted the songs, and if not, copyright it yourself, after making a good faith effort to find them. You were a co-writer after all. You aren't trying to STEAL from someone else. You may be able to include their names on it, by filing electronically.

I have a law suit going right now.

I have a law suit going right now.

Details?

I agree with Rat. let them make some money first. Just posting here is already first documentation. Other than that I would just be flattered.
Like the EX that at first told all her girfriends how great you were,,,Now one by one they find out how great you are.

All good advice Craig thank you. These were written in the UK however, I doubt that will be shown on there,

The guys are not the type of people who would want anything from it. We were like a family pretty much who took families along to gigs, even the kids lol!

In any case if I was contacted and should any money come from it I wouldn't consider it totally mine that wouldn't be fair at all, I wasn't the voice for example. I would however be nice to do them some justice since the studio robbed us and our singer was impatient.

I think a book is much easier to copyright. There are writing styles and thousands of words, song generally don't last that long do they. I'd still not go about it with a branch however Craig but do wish you well with it. Stealing someone's emotions because that is pretty much what this is, is disgusting.

Good luck

I've no idea if he copyrighted them though I would doubt it since he was a nice guy.

Famous last words.

That was about 12 years ago now. Should I redo them?

I would check first, whether they copyrighted them or not. You can check this at: http://www.copyright.gov/records
Make sure to HIGHLIGHT whether you are checking by TITLE or by author's NAME.
A copyright lasts for the author's life, then another 70 years after their death. There are other rules, but that is the law for a published work.
I would check whether any of them copyrighted the songs, and if not, copyright it yourself, after making a good faith effort to find them. You were a co-writer after all. You aren't trying to STEAL from someone else. You may be able to include their names on it, by filing electronically.

You also might want to consider this - do you think that Tim McGraw or anyone else is going to be interested in buying your songs if they're in litigation? Chances are, if you leave it be, you can let the big boys handle things for you, if any questions come up later on...in the meantime, discretion may well be the better part of valor, & ensure that you CAN sell your songs freely for a good profit. Remember that law suits can last much longer than leisure suits. They could conceivably tie things up for years, while you have to sit on these songs until they're out of style.