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Old 09-03-2003
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espskully espskully is offline
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Advice on contract please

Hi there. I am in final negotiations for a contract with a music library. I have had my attorney look at it and he made several changes, all which they have fixed but one. Here it is in short terms:

"Music library has the right to reproduce, adapt, distribute, etc etc...the Master recording in any medium without payment of any compensation except the payments proscribed in this agreement."

Proscribed:
To denounce or condemn.
To prohibit; forbid. See Synonyms at forbid

We said it should read "prescribed", but they replied and said that was the language their attorneys intended to use.

What do you guys think? What does the word "proscribed" mean to you? I'm getting nervous and don't want to piss these guys off, but I don't want to screw myself.

The above basically states: You don't get paid for anything except what is forbidden in this contract. WTF?

Any advice would be appreciated.

Thank you.
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Old 09-04-2003
zekthedeadcow zekthedeadcow is offline
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proscribed also means published pro=before scribe=written

I would suggest to ask the company for their lawyer's phone number because it soulds like a wrong word to me. I really wouldn't be suprised if a secretary typed it and the lawyer has an accent.

Lawers make more mistakes than people would want to think... I know I'm a paralegal in the Army Reserve...
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