Music Law

What is music law?

The term "Music law" is essentially a sub-species of what is known more generally as "Entertainment Law". Entertainment law is the body of law and legal principles that have developed and evolved in the course of conducting the businesses which are know as branches of the "entertainment industry." Much of entertainment law falls into two main groups:

Litigation: the law of intellectual property consisting of copyright law, trademark law, trade secrets, libel and slander (defamation), and the right of privacy and publicity; and

Transaction: laws pertaining to business organizations and commercial transactions including the body of law relevant to contracts, partnership, tax, corporations, securities, labor and international law.

The principal branches in the entertainment industry are, Music, Publishing, Motion Picture, Television, Sports, and Theater. Each of these sub-industries has its own unique features and characteristics in common with the others.

Music law is, thus, a specialized area of entertainment law for one of the main branches of entertainment industry - the "music industry". The music business in turn is composed of many sub-divisions including recording, publishing, concert promotion, talent management, and merchandising. The primary two are the selling of sound recordings and music publishing.

In summary, music law consists of a wide variety of legal concepts, rules, statutes, regulations, case law, practices, customs, and legal principles which have a particular application to the creation, production, distribution, and marketing of musical intellectual properties.

Can I copyright my music?

As the name implies, a "copyright" is a song writer’s exclusive right to copy his or her creative music work, with certain exceptions and for a certain period of time. A copyright basically gives the song writer a limited monopoly over their musical works. Thus, it protects the original author of a musical composition from having his work copied for a limited duration.

If the song writer is also a recording artist, there are two distinct copyrights; one in the composition (song), and one in the sound recording (record). Thus, the song writer and recording artist of a musical work is the exclusive 100% copyright owner of both the underlying composition (the song) and of the sound recording (the record).

Intellectual Property - Copyright Law Center

A "copyright" offers protection for original works of authorship. Copyright protection affords the author of a copyrighted work with specific rights that the author can give or sell to others or keep for him/herself. The concept of copyright protection in the United States is set forth in the original U.S. Constitution which allows Congress to pass laws that promote and encourage the process of the useful arts. This section of "FreeAdvice" primarily addresses newly created works rather than works created in the past. Such older works are generally governed by the copyright laws in effect at the time of their creation.

What is a "Copyright"?

The concept of copyright protection in the United States is set forth in the original U.S. Constitution which allows Congress to pass laws that promote and encourage the progress of the useful arts.

This section of Free Advice primarily addresses newly created works rather than works created in the past. Such older works are generally governed by the copyright laws in effect at the time of their creation.

When do you have a copyright?

Upon creation (in a fixed form), a creator (author) has a copyright in the work.

I have a great idea. Can I copyright it?

Sorry, not as a mere idea.

Copyright protects the expression of the idea, but not the ideas ideas themselves. This is easier to understand if you remember the goals of our Founding Fathers -- to reward creations, but protect the free flow of ideas and information. For example (this is Plato's explanation, the Plantonic Ideal, of the concept long before copyright), if I ask you what a chair is, you get a picture in your head. The picture I get in my head is different; the picture Buffy gets ino her head is different. These are the "ideas" of what a chair is. However, if you draw the chair in your head or use words to describe the chair, that is the "expression" of the idea and that is protected by copyright.

Another example, suppose you had an idea for a movie about an African prince who comes to the U.S. to find a bride, and you wrote it into a story outline. The written story would qualify for copyright protection. However, under copyright, there is nothing to prevent another author from using that same idea to do his or her own movie script. To protect your "idea" you could insist upon entering into a confidentiality agreement before disclosing the idea to anyone, thus protecting your idea as a "trade secret".

This very thing happened to Art Buchwald, the humorist. Buchwald presented his story outline about an African prince to a movie studio. Then the studio ripped it off and produced "Coming to America" with Eddie Murphy. Buchwald sued the studio for breach of its agreement with him. The court found that Buchwald’s idea was protected through the confidentiality agreement he was smart enough to insist on before disclosing the idea to the studio. If it can happen to someone famous, it can also happen to you.

What rights does a copyright owner have?

A copyright owner has the following rights:

(1) to reproduce the copyrighted work;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute the copyrighted work to the public;

(4) to perform the copyrighted work in public; and

(5) to display the copyrighted work in public.

The author also has the right to authorize others to exercise these rights and prevent others from exercising them regarding his or her work.

If I buy a copyrighted work, why can’t I do anything with it I want?

Ownership of a copyright is not the same as owning an object which has copoyright protection.

For example, when you buy a book, you get an implied license from the copyright owner (usually the author or publisher) to use the one copy you have purchased for the purpose of reading it. You do not have the right to copy it or anything else. Buying a single copy of a work is not buying the copyright in the work.

Can I use someone else's copyrighted work?

Copyrighted work may be used for certain purposes by people other than the copyright owner under the doctrine of "Fair Use." "Fair use" includes reproduction for specific and limited purposes such as: (1) criticism and comment (2) news reporting (3) teaching, scholarship, and research.

How long is copyright protection valid on new works?

Length of copyright protection can be complex, but generally lasts for the life of the author plus 70 years. Thus if the author is now age 21 and lives 75 more years, copyright protection would last for 125 years.

You should consult the copyright office or an attorney for information about your particular situation.

What is "fair use" ?

Fair Use is a defense to a claim of copyright infringement. This means that if you were to use a work and you thought your use was "fair use", you would have to be sued for infringement and assert that defense. You or your attorney stating this belief would not prevent you from having to prove this defense in court as part of a copyright infringement claim.

Fair use is a complex concept which requires a balancing of factors as set forth by the Supreme Court (Luther R. Campbell v. Acuff Rose Music Inc., involving the parody of the Roy Orbison song "Pretty Woman" by the band 2 Live Crew). These factors include:

(1) the purpose and character of the use, including whether the use is of commercial or non-profit nature and whether the use is "transformative";

(2) the nature of the copyrighted work (to what extent it merits copyright protection);

(3) the amount and substantiality of the portion used in relation to the work as a whole (how much and how important the part used is when compared to the original work); and

(4) the effect of the use upon the potential market for or value of the original work.

Whether or not something is "fair use" is rarely a clear yes or no question. It requires review of case law and the above factors by an experienced attorney who can assess the level of risk involved in the proposed use.

What is the impact of the "fair use" doctrine on printing copies?

The doctrine of "fair use" permits reproduction for scholarship and research (among other certain restricted uses), i.e., where we as a society think our general welfare is increased by making information publicly available and useable. This doctrine stops the moment any commercial interest gets involved; so as soon as your use of the copy starts creating any profit from making the copy, you are no longer protected by this safe haven. It's guaranteed that you will run into trouble when you make multiple copies and then use these copies in your trade or business - ask for permission before using in any commercial setting.

What remedies are available for infringement of intellectual property rights?

If you are being wronged, you may ask the appropriate court to grant a Temporary Restraining Order and a Preliminary or Permanent Injunction to prevent and/or stop further infringement.

Allegedly infringing items or articles can be impounded while the action is pending and may be ordered destroyed or subject to other disposition if there is an infringement. An infringer can be liable for actual damages plus additional profits of the infringer or statutory damages.

Further, an infringer could be held liable for injury to business reputation or the dilution in the value of the copyright, patent, or trademark. Costs and attorneys' fees sometimes also may be awarded to the prevailing party.

What remedies are available for infringement of these rights?

You may get your actual damages (the amount of money from lost business), may get the amount the infringer gained (what he or she made from your work), or the statutory amounts and attorneys fees if you registered the copyright within 90 days of publication.

I believe someone ripped off my copyrighted work. What now?

Contact a copyright attorney. Your options are to send a ceast and desist letter and try to work out a financial compromise, to get an injunction stopping their use and/or to sue the infringing party.

Someone misappropriated my copyrighted work. How long can I wait to sue?

The statute of limitations on claim, copyright and otherwise, should always be carefully evaluated based on your facts by an attorney. Since this can be the deciding point in whether or not you have a claim, you do not want to try to figure this out on your own. Seek the advice of an attorney who is familiar with copyright matters before moving forward.

From what point in time does the 3-year statute of limitations begin to run?

The general rule is that the statute of limitations starts from the date of the last infringing act. However, the courts are divided as to how this applies. Some courts hold that you can recover your damages for the entirety of the infringement so long as a lawsuit is filed within 3 years of the last infringing act; others limit damages to those acts which occurred within the three years leading up to the lawsuit.

What constitutes an infringing act may also vary. For example, if you author a magazine article published on July 1, 1998, and on September 30, 1998 somebody directly copies the article without your permission, and puts it in a book manuscript as her own. Assume the book is released June 1, 1999, and is then reprinted in a second edition (with your material unchanged) on December 15, 2000. Courts might come to different conclusions in deciding whether the infringement occurred September 30, 1998, June 1, 1999 or December 15, 2000 -- or if the book remains on the market, even later.

What arguments may be advanced to defend a claim of copyright infringement?

The other side may argue:

(1) It did not copy your work, but independently created it. (This is somewhat similar to the argument that an infinite number of monkeys with typewriters would eventually create the complete works of Shakespeare.);

(2) It was only making "fair use" of the material, discussed earlier;

(3) You delayed bringing the action for too long a period (so that it is barred by "laches" and/or the applicable statute of limitations);

(4) You or someone else (with proper authority) had authorized the use;

(5) "I didn’t know it was copyrighted" or "I am an innocent infringer". This defense does not play well in most circumstances, as even an innocent infringer may have liability. To help eliminate the innocent infringer defense you should always put a copyright notice on all documents.

What was the Napster case about and what does it mean?

The Ninth Circuit Court of Appeals reviewed and upheld the Northern District Court of California ruling on the injunction which shut down Napster.

Injunction

In order to get an injunction, a party must show that he is likely to succeed on the merits of the case and that the damages are of great enough magnitude and difficulty to determine to justify stopping the action immediately instead of granting the injured party damages after a later court decision.

Direct Infringement

Direct copyright infringement is copying of a work owned by another. To show infringement, a party must prove she owned copyright to the work, that the infringer had access to the work and that it was copied.

The Ninth Circuit held that the District was not in error in holding that Napster users were likely engaged in direct copyright infringement of the works cataloged by Napster and that Napster was unlikely to succeed in establishing that Napsters' users had a "fair use" defense. In other words, Napster users were likely guilty of copyright infringement and without a valid defense.

Contributory Infringement

Contributory infringement is when one party helps another to infringe a copyright. To prove contributory infringement, a party must show that the infringer knew or had reason to know of the direct infringement, provided a material contribution to the infringement and that the direct infringement existed.

The Ninth Circuit held that if a computer system operator learns of infringement and fails to purge the infringing materials from its system, it is liable for contributory infringement. The court also held that a computer system operator cannot be held liable merely because its system may be used for infringement. Finally, the court held that in Napster's case, Napster was likely to be guilkty of contributory infringement since the facts showed that Napster had knowledge of the infringing activity and its system contributed to the infringing activity.

Vicarious Infringement

Vicarious infringement is when one party supervises or controls another party who engages in infringing activity and the supervising party has a direct financial interest in such activities.

The court held that Napster had a financial interest in the infringing activities, had the ability to block user's use of its system which was proof of its ability to supervise or control users, and its failure to police its system gave rise to vicarioius liability.

Conclusion

The Napster case is only one case in one circuit. The ruling applies in that jurisdiction. However, it also works in conjunction with copyright law and the Digital Millenium Copyright Act which also address these issues.

These are not matters to be handled on your own. As you can see from this brief summary, you want to consult an attorney to really understand your risks -- there are a considerable number of legal and factual matters to balance and understand, and it's complex -- even for the best of attorneys as Napsters' attorneys certainly showed in their loss.

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Started in 1996 Music Law continues to be a source of knowledge, advice and free information including music copyright., feel free please browse through our articles below.

Music Copyright
What is music copyright?
How to register your copyright
What is a work for hire?
My band just recorded a demo, who owns the Copyright?
What is copyright infringement?
Music Publishing
What is publishing?
What areASCAP and BMI and how do I join?
How do I run a publishing company?
How do I set up a publishing company?
What is the law regarding sampling?
Business Aspects
The business of a band
What form of business should my band be?
What is a manager and how do I get one?
Who are my team of advisors?
What if someone wants to shop my tape?
Practical Aspect
How do I protect the name of my band?
What should I put on the jacket for my demo tape?
What should I do when I play live?
Some friendly words of advice
Music Contracts
Record contract basics
Music industry contracts
When someone refuses to pay the band

Record Contracts basics: signing recording contract, Label Music Contract

Record contracts come in many forms. This stems from the fact that there are hundreds of different record companies. From the so-called "major labels" (EMI, Sony, Warner, PolyGram, BMG or one of their related corporations) to "mini-majors" (A&M, Island and Virgin, in the days of their independence, were the most obvious examples) to the "independents", the contract depends largely on the type of record company offering it.

When you first see your contract, if you are like most bands, you immediately sit down and read it. However, you soon realize that it is written in a manner which defies grammatical english. Sentences run on for 14 lines, with little if any punctuation. There are terms and words which you have never encountered. Finally, the sentences constantly make reference to each other ("pursuant to 1(A)3(c)(ii)"). Where do you begin? The first place is with someone familiar with record contracts. This is usually an entertainment attorney, though not all of the time.

Often, a band will be aware of and have already negotiated the "deal points" prior to retaining independent counsel on their behalf. Deal points are the basics of the contract: the advance, number of albums and royalty rate. However, the devil is in the details.

In all record contracts, you will be signing an exclusive agreement. This means that you will not be able to record for anyone else other than the record company during the "term" of your contract. The term is how long the contract lasts. Contrary to popular belief, record companies do not sign you and guarantee you seven albums. It may be a seven album deal, but nothing obligates the label to record seven albums. The seven albums means that the record label has the option to record seven albums. Typically, a record company will record one album and see how it does. If it sells well, they will exercise their option to record a second album. If the first album does not do well, the label usually drops you. Record companies require long term option contracts because if the band does do well, the label wants to make sure that the band stays with their company. Since they invested so much and signed the band in the first place, they want to be able to share the success of the band over a long period of time. For example, REM recently finished out the last of their options with their record company. REM's new contract guarantees a $10 million advance per album in the future. Try getting that advance for your first contract! Finally, the "territory" of most contracts is world-wide meaning that the record company has exclusive rights to your services as a band throughout the world.

I find that almost all bands initially form to make music, as opposed to make money. Think back to when you began, it was for the love of music and not money that was the motivating factor. However, when it comes to a record contract, it is about money. A record company puts a record out to make money. Creativity and integrity play a part, but it is a financial relationship.

In many contracts, the financial terms will run over 15 pages. The rule in record contracts is what the record company gives you with one hand, it takes away with the other. The fundamental touchstone of record contracts are "points." Points refer to how many percentage points a band will receive as their royalty rate. On a major label, this will run between 10 and 15 percent and typically 9 to 12 percent on a smaller label. The percent royalty rate is just the beginning however. The first question you should ask is, "a percentage of what?"

Generally, the royalty rate is based on a percentage of the standard retail selling price. You will get your full royalty rate for each full price CD or tape you sell through normal retail channels. Normal retail channels are usually record stores like Tower Records or Sam Goody. What about other places you sell your CD's? Record companies will pay you a fraction of your royalty rate for sales not through normal retail channels. For example, you may receive 75% of your royalty rate for sales outside the United States, 60% of your royalty rate for CD's sold below standard retail price (i.e. albums sold at a discount) and 50% of your royalty rate for sales through record clubs. In fact, most of your CD's will not be sold through normal retail channels. Although you may have a 12% royalty rate, you will only get a 6% royalty rate on record club sales. Confused yet?

Record companies try to make the royalty rate paid to artists as attractive as possible. They may give you a generous royalty rate. However, in addition to the reduced royalty rate on CD's sold outside normal retail channels, there are also many reductions in your royalty rate. I said that the financial terms are often 15 pages or more. Well, your royalty rate is on the first page and the remaining pages are all the reductions. It is impossible to determine how much a band will get for selling a CD without a calculator. When I represent a band negotiating a record contract, I sit down with them and show them the calculations to determine how much (or little) they will receive for each CD and tape sold.

There are entire chapters in books written about all the various deductions. I will mention but a few here. First, you get no royalties on records given away free for promotional purposes. A large deduction is the so-called "packaging" deduction. The theory behind this deduction is that the band pays for the packaging of the CD and tape. Typically, these deductions range from 15 to 30 percent of your royalty rate. In effect, a 12% royalty rate and a 25% packaging deduction lowers your rate to 9%. In addition, your royalty rate is often an "all-in" royalty rate which means that you must pay the producer out of your royalties. Typically, a producer will take 3 points (3%) which lowers your royalty rate even further. Your royalty rate is meaningless unless it is viewed in the context of all the deductions. A band can expect an average of $1.00 in royalties for each full-priced ($16.98) CD sold through normal retail channels.

Did I say the band was going to actually receive royalties? Not so fast. The other major concept involved in record contracts is the term "recoupment". Recoupment is a fancy word for pay back. Record companies expend a lot of money on bands. They pay for all the studio time, give the band an advance, promote the band, etc. All of this money is a loan to the band which the band must pay back. This is recoupment. The band pays back the record label out of their royalties. For example, if a major label spends $250,000 to record an album, the band must make over $250,000 in royalties until they receive their first royalty check. Once a band sells enough records to pay back the amount to the record label, the band has recouped and will receive royalties on future record sales. Approximately 80% of albums never reach this point which means that most bands NEVER receive any royalty checks. Do the math yourself, if you owe the record company $250,000 and you make $1.00 per CD, that is a quarter of a million CD's you must sell before you collect royalties. The one redeeming feature is if the band does not sell enough CD's to recoup, they don't have to pay the record company back. It does not come out of the band's personal pocketbook.

There are other places a band can make money when they have a record out other than royalties. In past articles, I have discussed publishing. There is also money from live personal performances (concerts). This is money that the band gets to keep-most of the time that is. Some record company contracts, particularly small independent labels who cannot afford to lose as much money as the major labels, allow the label to recoup money from other sources, such as publishing. Although this should be called robbery, the practice actually has a name and is called "cross-collateralization". This term means the band will not receive ANY money until the label gets paid back, i.e. the band is recouped. Of course, you don't need to sell as many albums to become recouped on an independent label, but this can come as quite a shock.

Now for the topic everyone asks about: "How much is my advance?" Not surprisingly, this question is also not as simple as it seems. In the past, record labels would sign a band and write a check to the band as a signing bonus and then pay and record an album. Some bands abused this and went over-budget on recording, much to the record company's dissatisfaction. To remedy this abuse, record companies developed the "recording fund." The recording fund is the recording budget AND the advance rolled into one. The contract states that you have one lump sum to record your album, and if you are under-budget, anything left over is your advance. If you want to stay at the Ritz and waste time in the studio, that means less money for you for your advance. This has proved a marvelous incentive for bands to be efficient in the studio.

How much of an advance is good? Once again, this depends on the label and the circumstances of your signing. Generally speaking, the larger the label, the more of an advance you should expect. In addition, the more interest in the band, the higher the price becomes. However, is a large advance always the best? There is much disagreement on this issue. Keep in mind, the more money you get as an advance, the more money you have to pay back (remember recoupment?) before you receive royalties. If you take a huge advance and your album does not live up to expectations, a label may be quicker to drop you and cut its losses. On the other hand, most bands who sign record contracts never reach recoupment so the advance may be the only money they ever get from the label so why not take as much as possible? There is no right or wrong answer to the size of the advance and I try to get a sense from my clients as to their feelings. Some have a "show me the money" attitude and others think about longevity within the industry.

These are a few of the main points in record contracts. Often, a contract will be over 40 pages long. Needless to say, there is a lot more in there than I have had a chance to get into. However, I hope this column has given you a better sense of how record contracts operate. Don't think that you have finally "made it" simply because you get offered a record contract. Often, it is a deal with the devil. There are many attendant drawbacks to signing a record contract. Most importantly, however, is to have someone knowledgeable about record contracts negotiate the agreement on your behalf. Record contracts are routinely negotiated. A slight change in wording here and there can have a huge financial impact for a band.

Music industry contracts: band manager contracts, band management contract, music producer contracts

Contracts are the life-blood of the entertainment industry. This article addresses many of the dangers and misunderstandings about contracts within the music business. First, always get something in writing. Second, make sure you understand the contract you are presenting and the contract you are signing. These may seem obvious, but as discussed below, this advice is seldom followed.

Although you may come to agreement orally as to the general terms, you should always reduce the understanding to writing. There are many reasons why you should get it in writing. First, a writing serves to memorialize the understanding between the parties. As time goes by, the two parties might have different memories as to what constitutes their agreement. By getting it in writing, there are no disputes over the terms of the contract.

Second, written contracts are much more likely to be enforced by a court in the event of disagreement. Oral agreements are not always unenforceable, but a judge is much more likely to enforce the terms of a written agreement. Finally, there are some contracts which must be in writing. If it is not in writing, there is no contract. For all of these reasons, it is a good idea to get the contract in writing.

A contract need not be elaborate. It need not be drawn up by a lawyer. It does not have to be notarized. There are a few items which the contract must contain. First, you should write down what each part is going to do for the other. If it is a contract between a band and a film producer, the contract would start: Producer agrees to provide five hours of studio time and Band agrees to record one song. Next, it must contain what the parties are giving to each other. For those aspiring to be lawyers, this is called "consideration". A statement such as: Producer shall pay Band $1000 for all rights in the sound recording, should be sufficient. Finally, the document should be signed by both parties. As you can see, it does not take much to create a written contract.

The above example is very simplistic, but at least it is something in writing. There is no substitute for a complete contract between parties. However, I recognize that budget and time constraints may prevent some people from having a complete contract. There are many "form" books out there which contain "model" contracts in the music industry. Some are better than others. There is, however, a danger in using such forms. Many people don't know how the forms work. They find a form which says, "Management Contract" or "Record Contract", they photocopy it, and have an artist sign the agreement. It is crucial that you understand how the contract works before you use it. These are generic agreements and may not operate the way you expect. Before using any of these form agreements, learn how music contracts operate in general. Read about record contracts and management contracts then compare your form with what you have read. I have never encountered a form which did not need some modification and customization.

There are many pitfalls to using a form without knowing how the contract works. It always amazes me how many managers give a band a management contract to sign, then the band gives it to me to review, and when I negotiate with the manager, he/she doesn't even know how the contract operates. In addition, in representing my client (the band), I have taken advantage of this lack of knowledge of the manager and included clauses that are very helpful to my client. The same holds true with independent record labels. If I am negotiating with someone who owns a label, I learn very quickly if the person knows how their contract operates. If they don't, I am able to include clauses that no major label would ever allow. This emphasizes the point, that if you are going to use a form, be sure to understand how it works.

I have not been able to locate any forms on the web. If you are aware of a URL, please let me know. It is unlikely that you will find any entertainment lawyers providing forms on the web, myself included. As you can gather from my discussion above, each deal is different and each contract should be modified to fit the particular needs of the parties. In addition, since so many people mis-use the form contracts by not understanding them, I could potentially be held liable for their mis-use. When dealing with a contract drafted by a lawyer, it is more likely to be held enforceable, it will meet the needs of the parties, and everyone will understand it. You can do it without a lawyer, but please make sure you understand the implications. After all, there is a lot riding on your contracts.

WHEN SOMEONE REFUSES TO PAY THE BAND

This article will discuss what to do when a club owner or promoter refuses to pay you. A typical call starts out, "My band played at Club X on Saturday and the owner told us we would get $300 but after the show he said it was a bad night and could only give us $50." My first question is whether the band had a written contract, and in most cases, there was not. You will know from my other articles that I always recommend using a written contract. Even a one sentence agreement stating "Band will play Club on [date] at 10 P.M. for four hours and receive $300" can be an enforceable contract. You are much less likely to get stiffed if you have it in writing.

Assuming you don't have anything in writing, are you out of luck? The answer depends on what you want to do about it. First, be insistent about getting paid the agreed upon amount. Make a nuisance of yourself. After getting stiffed, it is unlikely you are going to play that club again, so there is no need to stay on the good side of the person. Next, tell everyone you know that the club refused to pay you. Clubs quickly gain reputations and it will have difficulty getting bands in the future.

The above ideas may put enough pressure on the booking person to pay you. If this doesn't work, there is always the legal route. First, you could contact a private attorney. However, it should come as no surprise that lawyers charge for their services. Typically, the attorney fees would end up costing more than the amount you are owed. In addition, you cannot recover attorney fees from the club owner unless you have a written contract that allows for fees. It makes no sense to pay a lawyer $500 to collect $300. If the amount you are owed is significant, a private attorney may be advisable. You can also pursue the case yourself in small claims court.

Thousands of people every year file and pursue their own lawsuits. It is not as difficult as you imagine. Go to the local courthouse and find the Clerk's Office. Ask someone there for information about filing a small claims case. Most courthouses have packages which include all the forms and easy to understand instructions.

I am not going to go into all of the procedures in this column only because different courthouses have different procedures. However, there are a few common elements. First, you must file a complaint at the Clerk's Office. This involves writing down why you are suing the club. This need only be a few lines. "Band played Club on [date] and Club promised to pay Band $300 and Club refused to pay therefore Band demands the sum of $300." Once again, check the forms at the courthouse, but the complaint is not too difficult. Next, you have to serve the lawsuit on the club. Most small claims procedures allow you to send the lawsuit via certified mail. In some jurisdictions you must use the Sheriff, but all localities require you serve the lawsuit on the club.

After filing the lawsuit and serving the club, you will get a court date. If you have any written documentation, bring it to court. If you have any witnesses, bring them to court. In small claims court, the rules of evidence are relaxed and the judges are accustomed to dealing with non-attorneys. Explain your case to the judge and he or she will make a ruling. That's all there is to it. I highly encourage you to learn the procedure on how to use small claims court to avoid getting stiffed. The above description is very basic, but the point is that the procedure is not difficult, though it can be time-consuming.

Cheers!

Bob