Moral dilemna - Songwriting royalties

What does your contract say? Therein lies the answer....

I'd be amazed, however, if the contract doesn't legally bind you to #2

 

Tough call... I was in a band where the manager only got paid for gigs he secured, if we got the gig without him, no $, if someone else got the gig for us, no $ (the someone else might get a finders fee)... but, like Mark, I think there is a pretty good chance that you are contractually obligated to #2... the moral dilemma comes in wondering whether or not you should bring it to their attention, or let it ride and see if it comes back... the worst that could happen is that they would later be able to claim their share of the royalties, if you can prove that you sought their aid, but no aid was forth coming, it could constitute a breach of contract on their part and you get to keep your yummy shake from Red Robin...

 

You are in a legal morass that will be tough to clarify without litigation. Does the contract give you remedies if they breach, and if so, do you have to give them notice, etc.? You need to talk to a lawyer, not a web forum. Issues of competence aside, nobody here has enough information to give you appropriate advice.

 

I would hope that this can be cleared up via negotiation, not litigation. It's tough because Red Robin scale royalties don't justify the bills you may be about to receive.

 

I am thinking they're in breach.I would stay quiet and let the publishing revert.I am thinking if they knew about this,they would try to get everything they could get out of their share of royalty rights.They don't deserve it as this is all on a case by case basis:each song has it's own respective contract.

 

Not a lawyer, but it would seem you didn't do the wisest thing posting this here should you choose a sneaky path. If there isn't any significant money to be made it probably is a non issue either way.

 

Bingo.

 

Trouble is, you are about to discover the joys of Catch 22.

If the song doesn't get big, they won't find out, but your royalty cut will be small.

If the song goes huge, your royalty will be bigger, but they will certainly find out.

Let's face it, teh original guy Jimi signed a recording contract with did squat for him and never recorded note, but it still cost a biscuit for Hendrix to get out of the contract with him once he was successful.
I think you need to accept that your contract with the publisher has been satisfactory and profitable for you up until now. Going teh routte of sudden sour grapes and incurring a bunch of dirty legal stuff is probably not in your interest.

 

I have a friend that wrote a song that was done by a country duo in the '80's. The record topped at number 14 on the charts. He was told that he needed to move to Nashville if he expected to be a songwriter. He did just that. He hooked up with some publishers that wanted ALL of his songs. They said they would shop them around. Of course there was a contract involved. He gave them everything he had. He told me that they did absolutely nothing to promote his songs. They did eventually revert back to him. It is my belief that they prey on your vanity. They get you signed up and THEN they have a piece of your pie in case YOU do something with the songs (as is your case). Chalk it up to lesson learned. You are under a binding contract and you will be the loser if the indy artist does anything with the song. I suspect the publisher would eventually find out. Do the right thing now or pay later (assuming that you have faith in the song). Remember this in the future. Nobody looks out for number one like number one!

 

4) take the publisher to Red Robin, buy 'em some garlic parmesean fries ...call it even

 

A contract is a 2-way street. I see no reason to continue to honor your end if they have not done the same.