"Famous Last Words"

Strategies to Get Paid (December 2003)

Dear Jim,

I'm a freelance composer who was hired to create original soundtrack music for a game that was cancelled at the beta milestone.

I never received a contract from the publisher or the developer. But I was paid one-third of my fee directly by the publisher, and have an email trail from the publisher confirming the deal for the music.

During the time I was working on the project, I had a producer at the developer who was my main contact. He was happy with the work I did.

Since the game was cancelled, I can't get the publisher to return a phone call. My invoice for the balance of the fee is unpaid. The developer is sympathetic but hasn't done anything to help.

I completed my part, and the music was even integrated into the game.

What can I do?

Signed,
Unpaid Talent

Dear Unpaid:

The best contract is a single document signed by both parties. However, that does not mean you did not have a contract for the music.

There appears to have been a meeting of the minds between you and the publisher as to the terms of your engagement. And there is a comprehensive paper trail in the form of email messages that may show the terms of the agreement.

You received an initial payment and you fully performed the services that were required. This is indicated because your music was accepted and integrated into the game.

You did not tell us the amount in dispute. However, unless it is substantial, the cost of hiring a lawyer to sue may be prohibitive. (Unfortunately, bringing a lawsuit may be your only alternative if all attempts to contact the publisher have been rebuffed.)

While a Superior Court action may be out of reach, you may want to consider small claims court. Every county has a small claims court at which individuals can bring their own lawsuits. Contact the clerk of courts in the jurisdiction where the publisher does business. Ask about the limits of such suits and what it takes to file. In many jurisdictions, small claims actions may be limited to $5,000 or $7,000 claims or less.

If you choose to take this action, send a certified letter to the publisher giving it one final chance to pay before you file. Set a deadline for their response and payment. Be firm but be polite. Make sure the letter goes to the producer, the president of the company, and the general counsel (if you know who they are).

After you file, it is important to do a good job preparing your claim. You'll only have one chance to convince the court.

See whether the clerk of courts has any material that can help you organize or present your case.

Bring all your correspondence, prepare a chain of events that shows how the agreement was reached, how you were paid, encouragement you received while you were working, and how you delivered what was required.

If possible, bring witnesses who were involved in the game. Your goal is to prove a contract exists, that you performed, but did not receive payment for your work.

If you get a judgment, speak to the court about how to collect. Be persistent. It may not be easy.

Beyond bringing a small claims action, there are steps you can take to assert your claim on the copyright to your music...

We will discuss those next month.