Can I sue for breach of contract?
Question by SinDelle Morte: Can I sue for breach of contract?
I entered into a contract with a record label in Birmingham, AL. I am in VA. On April 10th, 2008, they tried to force me to dissolve my contract for no reason and would not give me an explanation as to why. They then attempted to dissolve the contract through an Internet Instant Messaging service and told me, “You have been removed from the label. All copyrights belong to you” and removed all my media from all promotional sites about ten minutes later. I have documentation proving these things, through email and IM records, as well as screenshots of the actual messages. I tried to tell them they were breaching the contract and could be sued. They said they were not breaching anything. I have tried to find out why they attempted to terminate the contract but was never told by them. I have since heard from another label-mate (who has said he would sign an affidavit) that the wife of the owner was jealous of me and that is why my contract was terminated. They have been telling everyone on the label that I was hitting on her husband and encouraging them not to speak to me anymore. I have never met her husband; I have never even seen a picture of the man. They have also tried to tell everyone on the label that none of the band contracts were valid because they were not notarized. I am sure this is not true. I would really like to sue them. I am almost positive the documentation I have of these events is more than adequate to ensure victory but of course, that is why I need a lawyer. I have sent them via email a document to sign and return that states the original contract is null and void due to THEIR breach and that all copyrights belong to me but have yet to hear back from them. Any advice would be great.
Sorry I forgot to add: There is no escape clause in the contract for either side.
And no, I am not just mad at them. People need to know that you cannot run a business like that. It isn’t just me; there are other bands signed to this label that are at these idiots’ mercy.
Best answer:
Answer by Chris E
You obviously need proper legal advice, but from what I have learned as a law student, I reckon it might not be the best idea to say that your contract is null and void. If they have breached your contract, that does not necessarily void the contract and despite their alleged breach, you may still be able to make them perform some of their obligations under the terms of the contract.
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