Quote:
Originally Posted by mrxp
I own got milkshake.com (reg's Creation date: 23 Dec 2006 01:52:45) and like to complement the sites with DVD lines.
Tia's husband & I spoke at AVN '07 and they wanted to see how viable the DVD business was.
Here's was what was agreed upon:
You said you had BJ content and I introduced the Got Milkshake concept. You preferred to use POV Auditions & I suggested you can always do that as well with another distributor but I would use my concept. Since you had the content, I'd produce - handle post production & distribute it under the Mr X label.
I Paid for:
Editing
Authoring
Cover Design
Printing
Shipping
Replication
Packaging
total is around $3000 per title
Your content was used for Got Milkshake? and Got Milkshake 2
You were paid at least $3937.53 on initial sales (once again at no production cost)
Then the SHOCKER:
My distributor notifies me that Bryan (Tia's husband) emailed them asking if they can deal directly with them, cutting me out of the picture. So I simply let Bryan know I no longer wish to deal with Tia Ling Productions and give him a few distributors he can contact. I tell him I will keep paying off the sales the 2 DVDs earn.
SHOCKER #2:
Apparently Bryan then attempts to copyright Got Milkshake? (attempt to steal the rights to my line or domain name?) Needless to say the Dairy Farmers of America have an attorney write a letter to Bryan and he then withdraws the copyright registration and points fingers at me & my distributor.
I then receive the letter representing "Got MIlk?" and reluctantly my distributor & I decide to pull the line meaning - No More Sales.
END OF STORY!
& you call me a thief as you:
1. Go behind my back in an attempt to cut a deal with my distributor?
2. Try to register a copyright on "Got Milkshake" after you know I've been using the concept and have a registered domain?
3. You accept my payment but never reimburse me for the production cost after your negligence gets the line pulled?
So I now am sitting on inventory & a tarnished deal from Tia Ling Productions. No compensation nor reimbursement of my production cost have been offered as of yet from Tia Ling Productions. Id be more than happy to send them the masters and the DVD inventory for the same cost I have invested in it $6k.
I have licensed it only once, but if someone offers to license the line from me to offset my cost, it will be considered.
If were ripping off your content I'd have sold it all over the place & used it on my own sites, which isn't the case.
So ball is in your court, you gonna reimburse me or not?
PF
www.mrxproductions.com |
This is not Tia ... This is Bryan posting. Since you brought the dvd thing into the picture ... which has nothing to do with this ... I'll respond.
You have one thing right .... we spoke at avns in '07 and agreed to release a dvd together. That's about it , though.
I had the content ... and initially wanted to call it povauditions ... however, you insisted on the Got Milkshake name on this line that was supposed to be our product together as somewhat of a partnership on one line .... on a handshake. My mistake on the handshake part ... we had even spoke of additional products together. Part one and two were released..... they had already been edited ... so you did not have to edit ... other than author for the dvd. We agreed upon a % split ..... you cost is replication , etc ... mine was production. True ... i received initial money you spoke of .... but you never even paid me all of the commisions owed to me on GM 2 and you know this. I simply let it rest because I didn't feel like fucking with it anymore. GM 1 did about 1000 units at I believe around 10 bucks per dvd from what I recall ..... around 10 k plus vod sales which brought our pay out to approx what you stated .... with a small fraction of it from gm2 ... but I was never paid all commisions owed on gm2!
Now .... I'm ready to release gm3 .... you start coming up with every excuse in the world as to why you can't release gm 3. Pureplay isn't paying you... pureplay isn't allowing you more releases, you want to get some of your bj content out off your shelf thru got milkshake which made no sense ... content was all asian bj and nothing that had anything to do with previous content. So yes, We contacted Richard at pureplay simply because you wouldn't allow us any releases. We contacted other distributors , as well because of this issue. Richard stated that he would simply allow you more releases ... we said that's great and contacted you letting you know we did contact him and that he said you could get more releases.
Then comes more excuses .... there still not paying me ... bla bla bla ..... and then you use us contacting Richard as a reason to say you're just going to use your own content under the line we started with my content. We had a disagreement about who should keep the line .... I started to trademark ... I had already decided not to pursue to got milkshake title after speaking with my following distributor and to just use another Title, even after paying for the trademark. Got Milk Got pissed after seeing the trademark, which they would have done eventually either way, but this was after you and I had it out about the title, after i decided to use a different title and not pursue any longer ....But if you would have simply left the line as is instead of using my content to get it started and then saying "fuck you I want to get my own shit off the shelf", then this entire situation never would have happened. Got Milk Just happened to contact me after I had decided to just let you fucking have the damn title ..... was poetic justice to me ... you want it ... you got it .... Now you get to deal with the issues of the title since you wanted it so badly. Moral ... if it ain't broke ... don't fix it. you see mainstream titles being copied all the time in porn .... most could careless ... you just happened to pick someone that does .... Fact are simple ....
1. We had a line that we started with my content.... your replication .... you decided not to cont to release with my content in order to release your own. You lost your label because of this ... and yes ... I pointed the GM people in your direction becaue you had already fucked me on dist and then fucked me again on the commisions from vol 2.
2. You never paid me remaining commisions owed on gm2 or vod.
3. You then illegally licensed content that you do not own to someone else. Yes, it was released with you ... but you know as well as I that you do not own it or have legal rights to it. This is, in fact , content theft.
4. What you call negligence is hyterical ... it was your negligence in trying to cut me out of the dvd that caused the issue ... by the time the GM people were involved I was out of the got milkshake picture ... not my baby anymore and that's the way YOU wanted it! Again , if everything would have been left as is ... none of this would have happened. I never would have had to contact Richard or anyone else to find other means to release ... what did you expect ... we were just going to sit on the content while you came up with every bullshit reason as to why you couldn't release ????? I came straight back to you after speaking with Richard and told you of our conversation ... there was no attempt to deceive and you know that.
Now ..... you actually think I owe you money for your own stupidity? You must be kidding. I'll tell you what ... you can take the commisions you never paid me and consider a wash ..... I could careless the dvd situation with you at this point.
Since we've gotten thru all of this ... which really has nothing to do with the original point of this thread ... you licensing out content that you do not own .... lets get back to that ....
If I can legally nail you for this I will ... but at this point .. I just don't know that ... however, anyone you sell or attempt to license this content to will receive a letter to their billing company and hosting company with proof of ownership , 2257, model release, ids, and a receipt from the shooter that I paid and they will have to take the content down ..... so you are only fucking them. However, this is sad ... because they are not the true person at fault ... you are ..... you can't just say fuck you i'm selling you shit to whoever I feel like it because of a previous gone bad issue. If that were true .... I could just go pull down shit from any site and license it to whoever I wanted? That's exactly what you did.
To conclude ... you will not receive a dime from us as you actually owe me and my partner money if anything .... I will try to figure out a way to nail you legally but when it comes down to it ..... not sure yet ... but I can stop whoever you sell to from displaying it. We'll see where this ends up ... but bottom line is You sold content YOU DO NOT OWN and DO NOT have rights to, regardless of our previous issues. So, the ball is in your court ... not mine ... you can either replace the content you sold illegally with something you acctually own ... or every resource will be used to have it pulled ..... End of Story .... Now if you don't mind I'm going to have some fun with my wife on our trip home from LA instead of dealing with this stupidity .... B
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