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limitation act query

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  • limitation act query

    Hi.i have a situation which involves music royalties which have never been paid.
    In 2000 i cowrote a song which has been used on countless compilation albums since. A contract was signed which was also in 2000.I don't have a copy of the contract and nor does the publisher.Shortly after i signed the contract we fell out over sales royalties.They were at the time contractualy obliged to send statements and payments to me.They never did and soon after the company moved without trace.
    I have spent many years at different times trying to contact and find where they went.All i could manage to gather was a PO box address which i never received a reply from.I got that info from the prs who informed me they were collecting on my song and recent payments had been made.Since then i have tried letters to the PO box..and internet searching for contact info.In 2004 i managed to make contact with the owner of the publishing company by phone who has told me every excuse in the book and despite asking, never sent royalty statements or payments.Evasive tacticts involved not giving me a present address or email contact, "ill look into it" and ignored.Eventually in 2006 i managed to speak with the publisher again by phone.She informed me the company had been sold and i should contact them as she had nothing to do with it anymore..only a name was given to me by her.I tried tracking down the name and have only just worked out who is collecting now.It is another company name but she is secretary.
    This has gone on since 2001 and i have not been able to even think about court without information they refuse or won't give.I had no contact address, no figures and no statements.
    Fast forward to now and i have the company name and number address.They have sent me statements but only from 2006..(missing the period the song had the most use.) They have agreed they owe me money but not paid.I asked the publisher (the original company owner and now new sectretary) why she had told me she had nothing to do with it..she denied saying this and put the whole reason for non communication on not having my proper house number.Instead of sending to 165 she was sending to 65.That was her excuse for all these years of evasive tactics.
    The question i would like to ask is about the limitations act. As i understand i can only claim 6 years back unless there has been a concealment stopping me bringing my case to court.In the circumstances above, when would the limitation period begin and what are the chances of getting all of my royalties from 2001..

    Many thanks
    Tags: None

  • #2
    Re: limitation act query

    I am no expert but know a little about copyright, royalties and publishing. You and your heirs’ co owned this piece from the minute of its creation until 70 years after your death unless you sell or sign away your rights. As I say I am no expert but I am not sure why you would not be able to get the royalties backdated to when the song was originally released. They have sent you statements albeit from 2006 and therefore have agreed that you co-wrote the song. They cannot deny the song was released in 2000. I presume you kept copies of the letters and noted other attempts to contact them from 2000? The work is well within copyright. They cannot prove you received a penny since 2000. Have they told you, in writing, exactly why they do not think you are entitled to any royalties before this time? It is worth sending a letter to them (recorded) and asking for a formal written explanation – at least you will know exactly what you are fighting. Do nothing over the phone.
    I do not know if you have access to a specialist solicitor or agent but try www.dacs.org.uk or www.alcs.co.uk These chaps help writers, artistes etc. get fairly treated and even if they cannot advise may be able to point you in the right direction. It is worth an email.

    An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
    ~ Anonymous

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    • #3
      Re: limitation act query

      If money is owed the Limitation Act comes into play.
      However in the "recent" Status Quo case where two previous members were suing for their share of royalties it was held that the limitation act did not apply (at least that's what I remember) but circumstances are probably different.

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      • #4
        Re: limitation act query

        Here is a link to that case Des referred to - it makes very interesting reading!

        http://www.mondaq.com/x/58548/Copyri...mingYour+Share

        An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
        ~ Anonymous

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        • #5
          Re: limitation act query

          thanks so much chaps..thats very helpful.e

          Comment

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