E.O.A.A WEEKLY: Friday, September 26, 2014, Written by Tiwanda ‘Ne Ne’ Lovelace Bio | Email | Website | Twitter | YouTube | Online Store
“The information in this
article derived in full and in part from
Music, Murder and Mayhem – A True Story!
and Music Business: It’s a Dirty Game!
All copyrights reserved”
Music Business: Tricks of the Trade!
“Understanding the Game!’
In my previous Article: 6, “What’s in Your Contract?” I mentioned the importance of reviewing your contracts, knowing what to look for in your agreement. I feel the need to provide more information regarding specific parts of your agreements.
In the beginning of my venture at seeking a career in music, I wish that I have someone to share the whole truth about the business with me.
When you sign a music related or music publishing contract, it should be ‘a given’ and fully understood that they would want to pursue royalties. You would think that they would want to defend your work since they are contracted to receive a percentage of your work because you are a part of their team.
The first thing that comes to mind is that you are protected by this major music publishing company. You believe that they will fight for you because they have a stake in your work as well… but in most cases – this is far from the truth.
You would think that most attorney’s would jump at an opportunity to represent a plaintiff against copyright infringement; wherein, copyrights were secured, publishing contracts, proof of mailing, phone records, and recordings of works which were maintained.
I am speaking to you from personal experience when I tell you exactly how it is done. I can provide documented proof of any and all accusations regarding the practices of those in the music business. I am able to demonstrate exactly how the ‘system’ enables and assist with the dehumanization that has been allowed to continue for decades.
Although you may already be aware, I signed a 50/50 Co-Publishing contract wherein I was promised compensation for lyrics and melodies.
Prior to signing with a major music publishing company, I consulted with two separate entertainment attorneys. One of these lawyers was referred by the Bar Association.
Remember, the simple fact that any well-established entertainment attorney that encourages signing a ‘standard’ contract for low figures, is not looking out for their clients interest. All entertainment attorney’s know that when the deal sours, any potential attorney that the artist seeks for assistance will require a very large retainer after the damage is done.
There has to be something unethical about working against individual artist when they have full knowledge of how the industry operates; yet, they trade favors and artist like slaves.
I never received any monies for the numerous works submitted; which were over forty compilations of lyrics and melodies that miraculously found their way on the radio and up the charts.
There were no management or producer contracts (signed or otherwise that could be used) to justify refusing payments but this co-publishing contract was not honored but used to take and avoid paying royalties.
Let me demonstrate how the process really works most of the time.
The contracts presented will proudly list all of the major labels and their casting list that are given to you shows popular artist names that they say will be used to shop your materials.
Below this article is a copy of an actual contract portion listing most of the major labels and record companies:
These representatives of Zomba/Jive/BMG used the contract to solicit musical works from its own writers and afterwards parts of works are taken (or materials gutted).
After these gutted works begin to be played in constant rotation, then in their defense of copyright infringements, they used this same contract to state that they can choose not to pursue your infringements.
Although the courts never even allowed the case to be presented (unjustly, dismissed without valid cause), the attorney for the major music publishing company attempted to utilize that ‘standard’ contract in their defense. SEE BELOW:
(Below is an actual portion of a major music publishing company’s contract that is used as a defense against allegations of copyrights infringements):
The kicker is, in the beginning they exaggerate their interest in offering you an opportunity for recording artist deal while their true intentions and purpose is that they are actually ‘working’ you for materials after giving a little up-front compensation.
Later, they will state in their defense that ‘you refused to pursue claims’.
Pursue claims…with what?
They offer a very small amount for initial investment with full knowledge that after they steal your material, any attorney that is in a position to help would require an enormous amount of money for a retainer in order to represent you.
THIS HAS BEEN AN ONGOING PROCESS FOR GENERATIONS
AND NO ONE HAS STOPPED THIS UNETHICAL BEHAVIOR!
EVEN AFTER MULTIPLE LIVES ARE STOLEN
AND LIVES LOST DUE TO THIS TRICKERY!
Other than the few dollars for the initial song, I never received a dime but I was forced to listen to my materials on the radio that were ‘gutted.’ However, I did received threats and became victims of acts of violence and civil rights
violations. I can only imagine what Sara Baartman had to endure.
The entire ‘system’ encourages the use of the music business as a tool for the influential and powerful to continue to conduct its ‘business’ of stealing lives. I can tell you that this music ‘game’ will leave you starving, bleeding
on the side of the road and fighting everyone – literally.
When I researched the business, there were no books that told the ugly truth. There are no books that tell you that your contracts and copyrights don’t mean anything to a system geared to protect the wealthy. There are no books that tell you that you have no rights when you don’t have tens of thousands of dollars for a lawyer’s retainer.
There will be so many lies and everyone will believe everything said about you without question and you will be unable to maintain employment or attempt to earn any type of living.
It is important that people understand the ‘game’ and how it ultimately affects others.
While contracted with Zomba, I submitted over 40 song lyrics and melodies that were discussed in detail with their representatives and some listed directly in the contract.
They cut, chop and shop your work. They take all of the profits and then tell you that they can choose NOT to pursue your copyright infringements when they themselves are most likely the culprits.
What is truly sad is that these people don’t have to run the business this way but they choose to conduct business in this manner. It would be more profitable to be decent but that would be too much like right.
Conveniently, they can use this contract to basically take your work or even allow your works to be used without pursuing your interest.
Again, I am speaking to you from personal experience when I tell you exactly how it is done. In my experience, I never had the chance to go before the Judge. He completely disregarded my copyrights and ignored my request for counsel.
Don’t forget about the ‘built-in Conflict of Interest concern; in that, no entertainment attorney is going to fight for you against major music labels if it means risking their opportunity for future business.
I filed a lawsuit against BMI, Zomba and Jive because of their lack of response to my request as to how BMG, MCA, EMI, WEA, Polygram and Jive have released songs which blatantly infringe upon my copyrights. I sent these lyrics to Zomba
and discussed these works in detail.
Ultimately, in spite of having copyrights secured by myself, copies of materials, copies of receipts for overnight mailings, and other correspondences submitted to Zomba representatives, it did not matter. My revised complaint complied completely with Fed. Rules of Civil Procedure but the courts responded as if they did not receive this revised copy. Review the Proof yourself at: Breaking News !
Review the Proof yourself at: Breaking News ! (click here or see below – Breaking News: The Business of Music: Operating wi…)
I provided copies of copyrights. I provided proof of certified mailings and other documents to support that I required courts assistance.
Although I requested assistance from the DOJ and the courts due to violence, I was denied. The acts of violence bestowed upon my family, friend and others were ignored and all of my supporting documents; such as, copyrights, certified mail receipt, etc… were referred to as miscellaneous papers.
The courts dismissed my case as frivolous preventing me an opportunity to have my case heard.
Judge Bernard A. Friedman cited that my complaint was bizarre, irrational and indeed delusional. Judge Friedman continues to state that the complaint is fanciful and delusional. I didn’t know that copyrights and certified mail receipts were miscellaneous papers.
‘‘It is easier to ignore facts and allow corruption to continue by claiming that my complaint was bizarre, irrational and indeed delusional but I didn’t imagine bullet holes, family members assaulted, friend and house shot up, my songs ‘gutted’ and played on the radio…
Clearly, I have been denied my rights and they continue to deprive others for decades using the methods listed above.
The fact that these agency and groups that are neglecting to acknowledge blatant wrongs; they’re inaction whether direct or indirect, inadvertently supports this injustice. Promoting deprivation of rights when an obvious injustice is ignored.
When any other corporation is found to be in violation of someone’s rights or involved in any unethical behavior, they are held liable.
How is it that an industry can deprive rights and deny compensation from their employees (artist/producers) without being held accountable for decades?
These major record labels BMG, MCA, PolyGram, EMI, the Sony Group or the WEA Group are listed in the contract and in the casting sheets. They are sent out to their roster of writers in order to shop with these multiple label’s Artist. After
placement of ‘gutted’ works, they decide who they choose to pay or who not to.
These ‘entities’ mentioned in defendant’s response were on Zomba’s casting list and in contract showing that not only did Zomba work with them to place songs; shortly after contract their name changed to Zomba/BMG.
Zomba’s defense attorney stated in their response regarding songs that were in question that ‘allegations were unclear.’ However; prior to filing suit against them I received a letter stating that they were investigating my claims.
In fact, Zomba denied even receiving or having any works in spite of my return receipts and although some of the songs mentioned in copyright infringements were listed, were actually referenced and within my co-publishing agreement.
‘The Recipe’ has been mastered and fine-tuned to make this dehumanization of mankind an acceptable form of modern day slavery. The situation is presented to the public in many different ways to justify and encourage further abuse.
When reviewing and comparing the allegations of copyright infringements, civil rights violations, etc… listed in Lovelace vs. Zomba AND Lovelace vs. Dekalb County Police it is apparent that they work together in a combined effort to
I say this because when attempting to seek resolution you are faced with the following:
Being denied representation because of either a ‘conflict of interest’ issue due to the industry being controlled. Events are creating to discourage any assistance
The fact that no entertainment attorney wants to slug it out on your behalf for fear of preventing further or future business.
Most attorneys require a very large retainer that the artist usually doesn’t have. The lack of funds is usually because the initial attorney had advised this artist that the contract with low figures were standard in the business encouraging acceptance.
Under false pretense, promises and manipulation, the publishing or record take your materials/works. The publishing or record company contract will then state that your contract says that we can choose not to pursue your claims.
You are faced with major opposition from multiple sources. I have had multiple major companies violate the Federal Trade Commission Fair Trade Act and Competition Laws.
There are many who have assisted with hindering my efforts in promoting and marketing my Titles by creating fake sellers, re-routed links to other products, listed titles in the wrong categories and listed incorrect prices.
These other companies are and were circumventing justice when I was promoting my books that were exposing the blatant tactics and methods subjected.
Let’s just say that I no longer wonder why people would easily associate the word ‘slave’ with the music business and the prison system. The courts only seem to recognize the goals of the major corporations.
In short the ‘individual’ does not have rights! Anyone can be presented as undeserving and be denied justice so be aware when you sign any contract!
This may not be everyone’s experience but I can tell you that none of them receives ALL of their compensation, if any.
Remember, there is no such thing as half-way crooks! If any of them can get away with not paying you, they will (even if they have to create reasons why they shouldn’t).
Everything in these Articles and Books are based on fact and can be substantiated with documentation from public record.
I only wish that I had someone take the time to share even a tiny bit of the information with me prior to my decision to pursue a career in the music industry.
Those rights that you believe that you have and are counting own having are simply non-existent.
Your copyrights are useless because the courts that are supposed to enforce the laws will bend to the will of the rich and powerful.
This reminds me of one particular instance where a contract was used to justify blatant injustice in the case of Sara Baartman.
Again, there has to be something unethical about working against individual artists and writers when they have
full knowledge of how the industry operates; yet, they trade favors and artist like slaves.
I will discuss in great detail the problem with the entertainment attorney’s and the issue of ‘Conflict of Interest’ in next week’s Article 8: Conflict of Interest and the Music Business! – Release date – October 3, 2014!
Everything in these Articles and Books are based on fact and can be substantiated with documentation from public record. I only wish that I had someone take the time to share even a tiny bit of the information with me prior to my decision to
pursue a career in the music industry.
Those rights that you believe that you have and are counting own having are simply non-existent. Your copyrights are useless because the courts that are supposed to enforce the laws will bend to the will of the rich and powerful.
AGAIN, THIS HAS BEEN AN ONGOING PROCESS FOR GENERATIONS
AND NO ONE HAS STOPPED THIS UNETHICAL BEHAVIOR!
EVEN AFTER MULTIPLE LIVES ARE STOLEN
AND LIVES LOST DUE TO THIS TRICKERY!
I didn’t just run out and write a tell-all book. It wasn’t until many years later that I decided to write my first book on the subject entitled, Music Business: It’s a Dirty Game!
I feel that these Articles and books differ because it doesn’t just give you words from one person’s viewpoint, it provides step by step documentation proving how the artist works are stolen and how they are able to continue stealing lives with this modern day form of enslavement. This book uses contracts with major music publisher, copyrights, court records and more to demonstrate tactics used to steal, oppress and destroy lives.
My plight is not just about a broken heart, it’s not about greed, and it’s not about revenge. I don’t have time to be running around blaming and trying to hurt people. I am too busy struggling and trying to live. It’s about obtaining true freedom from oppressors who have deliberately used lies, money, power and positions to create a form of enslavement.
Being that Music is affecting so many lives, a part of everyone’s life and that it is in everything from politics to religion…denying individuals their rights is bad business and we should all make music our business to prevent this from continuing to destroy lives!
Find the answers to the many questions regarding how the music industry and this ‘system’ continues to operate with
impunity in E.O.A.A. Educating Our Aspiring Artist Weekly Articles Sponsored by SWP, LLC…Subscribe!
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