Results 1 to 4 of 4
  1. #1
    Join Date
    Aug 2012
    Posts
    1

    Post Statute of Limitations on a Licensing Claim

    My question involves business law in the state of: California

    Hello.
    We have a musician client from 10 years ago who emails out of nowhere and claims he wasn't paid for his music being used. He's considered an independent contractor and we pay all of them.
    Can anyone please tell me the statue of limitations on this claim.
    The bank no longer has records dating previously to 7 years, and we know this character is just trying to cash in on us in this economy.
    Thank you
    PS. Also, if you have the civil code for this, we'd greatly appreciate it.

  2. #2
    Join Date
    Jan 2006
    Posts
    28,301

    Default Re: Statute of Limitations

    from what I could find, an oral contract has a 2 year SOL

    a written contract has a 4 year SOL


    but I'm not sure that is all you need. You say something about his music being used. Does that mean he wrote some music you have used or are using? or does it mean he was paid to perform for some reason?

  3. #3

    Default Re: Statute of Limitations

    If you paid him as an independent contractor then it's 4 years max. I'd just leave it alone and keep doing what you're doing with your business.

  4. #4
    Join Date
    Jan 2006
    Posts
    28,301

    Default Re: Statute of Limitations

    Quote Quoting Browne
    View Post
    If you paid him as an independent contractor then it's 4 years max. I'd just leave it alone and keep doing what you're doing with your business.
    so, when the OP said:

    claims he wasn't paid for his music being used
    You don't see that a failure to fulfill a contract of paying for a license could result in a claim of copyright infringement? Depending on what the situation actually involves, this could be more than a simple contract issue. Especially if "his music" is still being used without a license, the infringement could be ongoing.

    and since the musician has recently initiated contact, I suspect simply leaving it alone is not an option.

    1. Sponsored Links
       

Similar Threads

  1. Defenses: Small Claim After Statute of Limitations
    By AdamRW in forum Small Claims Court
    Replies: 3
    Last Post: 04-17-2012, 12:49 PM
  2. Traffic Accidents: Statute of Limitations for Accident Claim
    By Jackberts in forum Accidents and Injuries
    Replies: 2
    Last Post: 11-02-2010, 12:12 AM
  3. Collection Lawsuits: How Do I Claim Statute of Limitations when Representing Myself
    By reg1nurse in forum Credit Card Debt
    Replies: 2
    Last Post: 04-25-2009, 06:27 AM
  4. Auto Insurance: Statute of Limitations is Going to Run on UM Claim
    By michellejk in forum Insurance Law
    Replies: 1
    Last Post: 01-16-2009, 12:17 PM
  5. Statute of Limitations on a Mileage Claim
    By lucho55 in forum Worker's Compensation
    Replies: 4
    Last Post: 04-10-2007, 08:58 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Protect Your Work
Online copyright, patent, trademark registration. Fast, easy, affordable.




Untitled Document