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September 17, 2007

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Donnie

I have a serious questions. I was in a band that desolved due to internal strife. I wrote all the music on paper and lyrics (the composer) and my bandmates played the music (the arrangers). We also recorded the music as well. Who owns the music both written and recorded?

tony berman

The person or persons who write the music and lyrics are the owners of the song, unless ownership was assigned to a third party such as a publishing company. If the band members helped to write the music or lyrics, they may be co-authors. Usually this would refer to contributions to the main melody of the song and the associated lyrics. The contributions of band members (in the rock context) rarely amount to a copyrightable arrangement, but there are exceptions. The copyright in the sound recordings is owned by the musicians who performed on the recording, unless they assigned it to a third party such as a record company. (Sometimes a producer also has a claim to the copyright in the sound recording.)

S.B.

I am a music producer, as well as a composer & arranger. In working on a project of mine I sought out a particular artist to write and record to my song, but i also wrote lyrics to the song as well. I wrote the choras specifically, as well as composing and arranging the music. I'd like to know how should i go about copyrighting the song, do I have the sole rights to this work, or would this be considered a co authorship? also dose this matter if I have payed the artist to write and perform on the project?

8

I produced an album with a writer/performing artist. I co-wrote and performed on a few songs, as he composed a couple tracks. We agreed the end result (album) was of equal total work, and he created a pseudo name for our collaboration. I pressed and distributed the album independently. We know longer work and perform together (for over a year now) and I tend to see the album listed and distributed under his name, instead of the pseudo name we registered the album and copyrights. Is there any copyright violation?

Anarchist

I wrote several songs with a band that I recently left. After this, we drew up and signed a contract which established that these songs would have to be re-written by both parties to separate each joint work into two separate works, each belonging to its respective contributing writer. Each author, therefore, would no longer be allowed use material written by the other without his permission.

However, after this agreement was made, the father of one of the band members wrote a letter stating that the agreement was an obstruction of justice against "joint ownership" and that the contract was null and void.

The band is now intending to disregard the contract completely and continue to use the songs in their entirety without my permission.

QUESTION:
Does the band have the right to ignore the contract it signed with me? Can Joint Ownership really hold precedence over the signed agreement and nullify it?

Brian

Question:

Say I am an artist. I ask you to scribble a random line on a piece of paper. I take your scribble and study it, turn it. Eventually, I add my own marks, lines, color, and title to the work. (see the Australian children's program "Mr Squiggle" as an example)

You knew that this was my intention when you gave me the scribble; that it would be used in a finished design, but you have no idea what the finished design will be, nor any control over it. It's kind of a parlor game.

What, if any, are your rights/ownership of the finished design?

Do I, as the artist, need to get you to sign/agree to some kind of contract assigning me full ownership of the finished product?

Steve Heroux

I recorded my lead guitar tracks with a band, who( two of the members) procedeed to make 2 cds.My playing is distinctly on 8 of the songs. Nothing was ever done with the cds(1986, and 1989), until NOW, these guys are regrouping, I'm not with them, but saw a recent Ustream broadcast of them. They are beginning to offer the cds for sale, and are in the process of building an "Eden" website. (The band's name).. What can I do to alert them to the fact that this was a joint work, before they get too far with it?

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I think that this post is very good, i would like to read more information about this topic.

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Has read all in detail, excellent blog! I'd like to know how should i go about copyrighting the song, do I have the sole rights to this work, or would this be considered a co authorship? also dose this matter if I have payed the artist to write and perform on the project?

isis maternity

I like this.Additionally, exercising control and discretion as the work is created or having final approval rights over the work alone will usually not make you a joint author. Good Luck

Camarad

Thanks for the information! I'd like to know how should i go about copyrighting the song, do I have the sole rights to this work, or would this be considered a co authorship? also dose this matter if I have payed the artist to write and perform on the project?

Mia Kirshner

Thanks for the information! It does not matter. As long as the distinct parts come together in an inseparable or interdependent whole and the authors intend a joint work - the work is considered a joint work. All joint authors own an "undivided interest" in the entire work.

Indian Pharmacy

I'm against copyright! Is just another plague from the corporative CEO.

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I think that this is really interesting, In my opinion I can learn a lot if I still reading your posts !

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The interesting information, the tonic on a note! Say I am an artist. I ask you to scribble a random line on a piece of paper. I take your scribble and study it, turn it. Eventually, I add my own marks, lines, color, and title to the work. (see the Australian children's program "Mr Squiggle" as an example)

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