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To: MaryinRed who wrote (7836)	9/27/1999 6:05:00 AM
From: MaryinRed	Read Replies (1) \| Respond to of 18366

another find off the MP3 board: bboard.mp3.com Author Topic: Rod..what does this mean? We have to pay this to be part of MP3? Tonya posted 09-21-99 12:51 PM -------------------------------------------------------------------------------- My brain is way tired, this being my first day off in a long time and it doesn't know how to use the time...but this was posted in the artist area and I am curious...please enlighten "THIS IS IN RESPONSE TO A POST I REPLIED TO ON MP3.COM. IT HAS TO DEAL WITH A CALIFORNIA LAW. EVERYONE ON THE POST WAS GETTING IT MIXED UP BUT I HAVE CORRECT INFORMATION ON IT. IF YOU HAVE STUFF UP ON MP3.COM IT WILL BE IMPORTANT FOR YOU TO READ. THE LAW I will also post this on a seperate thread. I don't have the exact wording but here is the statute number California Civil Code section 3423(5) Here is what I know. Distribution contracts entered into after January 1, 1994, the minimum amount of compensation is: $9,000 for the first year. $12,000 for the second year. and $15,000 for every year after. Now it doesn't matter where a contract is signed if it is stated where the contract laws will be governed. If it says it will be governed by the State of California then it doesn't matter if the party was in New York, Japan, Iraq. The agreement is governed by the Laws of California. Taken from MP3's Agreement 7.Miscellaneous. This agreement will be governed by California law, excluding conflict of lawprinciples. Any action or proceeding arising out of or related to this agreement must be brought in a state or Federal court located in San Diego County, California, and we both irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings). This agreement sets forth the entire understanding and agreement of the parties as to this agreement?s subject matter and supersedes all prior proposals, discussions or agreements with respect to such subject matter. It may be changed only by a writing signed by both parties (e-mail headers and/or plaintext signatures on e-mail messages shall be deemed signatures). The address and phone info below will not be given out to anyone. It's only for our internal records. Please be sure to provide us with complete and accurate address information, so we can send you a welcome package with some really neat stuff, and so we can send you your check if you sell D.A.M. CDs at MP3.com" Holy Sheet Batman! Elfmuse (Anthony Sellitto) Poducer/Engineer PS How could I've not realise this when I signed my artist up!?!. Anyone for a classaction?" Rod Underhill Administrator posted 09-22-99 05:50 PM -------------------------------------------------------------------------------- Ignore all this claptrap. That code section actually exists to define certain conditions that have to be met for a judge to issue an injunction in a personal service contract, and has nothing to do with MP3.com, labels or anything else of merit here. Tonya posted 09-22-99 06:40 PM -------------------------------------------------------------------------------- Thanks. I just didn't want to pay that kind of funds to use these kinds of services. But I have read it better and someone emailed me. So I now know that it pertains to breaking out of a contract if you are in a binding contract and you have not been paid that specific amount. Thanks Rod! Tonya Rae