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Joseph Nicoletti Publishing Co.

  186 inquiries |
Talent Consultants - Advance Fee |   Business Alert

P.O. Box 2818
Newport Beach, CA 92663
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(949) 497-0171

Company Rating

F

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Complaint Experience

N/A

Complaint Resolution Index (CRI)

Membership Information

This business is not a member of Business Consumer Alliance. This fact does not disparage the company in any way.

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Complaints and Resolutions

Complaint Experience

N/A

Complaint Resolution Index (CRI)

BCA's Summary and Analysis:

Complainants allege unfullfilled contracts. Customers complain they pay the company between $5000 and $7000 to submit their music or songs to record producers, radio stations and other industry professionals, however, clients complain no evidence of submissions are provided, and they are unable to obtain refunds. Complainants also allege that the company fails to return copyrighted recordings and songs as agreed, and that once funds are received as payment for services, the company fails to return calls, or otherwise respond to inquiries.

The company responded in a few cases by advising complainants it makes no claims of success on any level; therefore, no refunds are due.

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Complaint Closing Statistics

0 complaints against Joseph Nicoletti Publishing Co. closed in last 3 years.
Complaints Type of response
0 Making a full refund, as the consumer requested
0 Making a partial refund
0 Agreed to make an adjustment
0 Refusing to make an adjustment
0 Refuse to adjust, relying on terms of agreement
0 Unanswered

Other Information

Company Info

This company's purports to promote musicians.

Primary Contact: Joseph Nicoletti (Owner)
Business Started: N/A
Social:

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Licensing

California law requires any company that procures or offers to procure employment or auditions, or that provides artist management services, direction or counseling to develop an artist's career, for any of which they collect a fee in advance to post a $10,000 bond. This law also prohibits charging for such services as; registering or listing the artist for employment, providing photographs, videotapes, other promotional materials, costumes, lessons or training, or auditions.

To obtain bonding information, write to the Division of Labor Standards Enforcement, Department of Industrial Relations, Legal Section, at P.O. Box 420603, San Francisco, CA 94142 or call (415) 703-4846 or by email to DLSE.licensing@dir.ca.gov The website address is www.dir.ca.gov

For businesses outside of California, please check with the agency that regulates this industry.

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Government Actions

BCA has no information regarding government actions at this time.

Comments and Analysis

This company claims to offer an advance fee service for song writers and other artists. The firm purports to provide industry exposure for clients by submitting and distributing recordings and cd's to professional producers, recording companies, or other industry professionals. The company also claims to provide duplication services for creating, recording, and manufacturing CD's and records.

We urge caution! Composers and songwriters should be aware, the chance of publishing a successful popular song is very remote. There are no guarantees that songs will be bought by publishers, record companies, or otherwise become commercially successful. This company makes money from the submissions of the amateur composers by charging production recording fees. Contracts generally make provision for royalty payments based on sales related to the song or lyrics causing some songwriters to believe any fees paid would soon be recovered by the royalties. Keep in mind, if no sales result from promotional efforts, no royalties are due. For additional information on this subject, we have a general information report available which covers this subject entitled ""Vanity Publishers"".

You can obtain a copy of the publication by request, or may access the information at our website address, www.labbb.org. For a list of names and addresses of known record publishers and music distributors, contact Billboard Magazine's International Buyers Guide, P.O. Box 2016, Lakewood, New Jersey 08701 or call 800-344-7119.

Other Considerations

Our past experience with similar offers as been that typically, no evidence of actual submissions are provided to clients, and, that due to contract clauses which disclose ""no guarantees of sucess,"" no refunds are provided.

This company's contract contains an Arbitration Clause which states that either party included in the contact would be obligated to remand any contractural dispute to binding arbitration.. This company's arbitration clause does not specify how an arbitrator will be selected or how it will be determined who, when and where the arbitration will be held.

According to California Civil Code section 1281.6. , if the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. When a petition is made to the court to appoint a neutral arbitrator, the court shall nominate five persons from lists of persons supplied jointly by the parties to the arbitration or obtained from a governmental agency concerned with arbitration or private disinterested association concerned with arbitration. The parties to the agreement who seek arbitration and against whom arbitration is sought may within five days of receipt of notice of the nominees from the court jointly select the arbitrator whether or not the arbitrator is among the nominees. If the parties fail to select an arbitrator within the five-day period, the court shall appoint the arbitrator from the nominees. All neutral arbitrators shall comply with the requirements of subdivision (a) of Section 1297.121, which requirements shall apply to every agreement to arbitrate pursuant to this title. 1281.7. A petition pursuant to Section 1281.2 may be filed in lieu of filing an answer to a complaint. The petitioning defendant shall have 15 days after any denial of the petition to plead to the complaint.

In addition, if it can be determined that the contract is unenforceable due to misrepresentation, coersion, or otherwise illegal practices, those who wish to seek legal remedies other than arbitration would be free to do so.

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Additional Info

DBAs:

Joseph Nicoletti Music, Inc.
Globe Music
Global Village Music
Creative Network
California International Records & Video

Websites:
There are no additional web sites.

Contacts:
There are no additional contacts.

Addresses: