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Just Plain Legal Q & A
Mentor: Ben McLane
Q: I am co-owner of a small recording studio. After 12 years of business I have found myself swimming in the tapes of old (ex) clients. Many of them are the masters for albums or CD's. None of these releases ever reached high sales, the highest maybe hit 1000. Now I would like to thin out my library and I have been trying to contact these clients. I have run into two problems: some have moved with no forwarding address, others just have not returned phone calls or Emails. I wonder what other studios do in this situation? None of these clients ever paid a storage fee, the just left the tapes here because it was a safer and more controlled environment than they would have at home. My hope at the time was that it would be a reason for them to come back as well. The thought of throwing this material away disturbs me, but I am at wits end over it.
A: There is a legal concept called an implied bailment which applies to your situation. Even though there was no contract or money changed for you to house the tapes, you might have a legal duty not to be negligent (i.e., lose or destroy the tapes). However, this is balanced out by fairness. If you have had the tapes for 10 years and they have never been reclaimed, and you have done due diligence to contact the owners (i.e., better to write letter if you have address; otherwise e-mail or call but keep records), then you have done all you could and your duty of care probably distinguishes. To be sure, you should call one of the large studies in LA or NYC and find out what their internal policies are.
Ben McLane's Do's and Don'ts when hiring an attorney:
Do hire an attorney if you need assistance in an area that you are unfamiliar with (i.e., contract, litigation or shop tape). Don't hire an attorney that is not experienced in the area you need the attorney's assistance in.