NEMO said:
Nick, just because i havent made a video deffending my company doesnt mean we are "shady" or "criminals" or have done anything wrong. We have put out hundreds of mixtapes and albums and sometimes people are going to be unhappy with the end results, its just the price of doing business. I love your passion for what you beleive in, but your totally wrong. You have no idea about the business/contract siccness and Ginuwine have(its ALWAYS two sides to every story). I reached out to Ginuwine 2 times so we can make whatever he thought was wrong, right. I never got a return call. The way I was raised, if you have a problem with someone or something they did, the two men/women sit down like men/women and work it out. Trust me when I tell you that my contract is TIGHT and were not worried about any lawsuits, but its not about that, I would do everything in my power to never let it get to a lawsuit, at the end of the day I want an artist comfortable with what comes out with his name on it, that really matters to me. Im not going to get into details about this, because its between me and Ginuwine. I have alot of respect for him because a guy in his position doesnt normally want to help lesser knowns(artists and my label).
I feel lucky though, out of all the hundreds of projects weve done, this is only the second time theres been a misunderstanding, I bet you I can and you can find hundreds of artists that dont like Sonys business, Warner business, Universals business, Def Jams business, etc.................
Sorry but what you did is quite blatantly wrong.
I find it interesting that this has happened before.
One only has to look at your product and see how wrong it is. It's not about the artist being unhappy with the product. It's about you doing something that is obviously and blatantly wrong and unlawful.
The issue is not the quality of the product and the fact you paid for tracks and have an agreement that references that transaction but how you marketed it.
Your agreement was to include tracks that featured Ginuwine on your Mix CD. PERIOD.
It did not include an agreement to release an entire album on Ginuwine and dupe the public into believing it is his album when he's not on 75% of the tracks as the lead artist. No one has to be privy to your agreement to see this for themselves because your agreement is irrelevant in regards to the product that is out now.
It's called "Misrepresentation" or "False Advertising" and this sir is something that is against the law and is regulated by the Federal Trade Commission which prohibits unfair and deceptive acts or practices in commerce.
This is not what i believe, this is fact. You can reference 15 U.S.C. §45 (United States Code, chapter 15, section 45) for clarification on your illegal acts.
One only has to use their own two eyes and look at the CD and see that it is clearly not marketed as a mix tape but the artist album.
I also have it on good authority that Ginuwine as well as Ted Clinkscale contacted you about this and you still went forward with your endeavors. I was also informed that you allegedly threatened the parties in question when they contacted you about this matter.
Hardly the acts of one who respects Ginuwine.
You seem to be trying to defend yourself now. Why? You're not going to make a video defending yourself and your company because quite frankly you have no defense. You have broken the law and breeched your agreement with Ginuwine so i don't expect you at this time to be honest when the root of this matter is your dishonesty.
I know both sides but more importantly i know what i see in the stores regardless of either sides story and what i see is a Ginuwine album that is not a Ginuwine album.
There is no escaping that fact.
Is Ginuwine a signed recording artist on your label?
NO
Is Ginuwine himself saying from his own lips via a video taped message on the internet that this is not his official CD?
YES
Is Ginuwine the lead artist on every single track on this CD?
NO
I dont speak on what i believe in. I speak on the facts sir.
These are the facts and you can't deny it. You can hide behind the publics ignorance on the details of your agreement but your actions supercedes your agreement.
Now if you respect Ginuwine as you say and given the fact that we all know this is not a Ginuwine album plain and simple, will you take down your deceptive advertising and pull the project or will you just continue to say "we got a contract" that you breached and lie about respecting Ginuwine when you really just respect getting money.
You should have your cease and desist letter from Ginuwine's legal representation. Let's see if you truly respect Ginuwine and honor that letter and your own words here.
YOUR WORDS SIR:
I would do everything in my power to never let it get to a lawsuit, at the end of the day I want an artist comfortable with what comes out with his name on it, that really matters to me.
Ginuwine clearly is not "comfortable" with this product that has his name on it and what you did is a federal offense and you have been given legal notice to cease and desist. You are also making it difficult for the artist (
MIKE EDDY, RACHEL EVANS, IROCC, SMIGG DIRTEE) on that CD that are trying to build careers for themselves in the music industry by damaging their reputations as well. Also you do not have permission from the photographer to use that particular photo on your product nor do you have permission to use the artwork from Sony's art department on your product.
What is your response?