Discussion:
What is the name of your state? Texas
I played in a band for 6 1/2 years. We put out a CD in 2002 that we recorded ourselves on our own equipment. On the first CD I wrote about 30% of the material.
Then in jan. 2005 we put out another CD that we recorded with our own equipment again that was written completly by me and the lead guitarist. Four months later the rest of the band got together and voted the lead guitarist and I out. We never had a band agreement in writing and I have the copywrites to the music on the second CD that I attained through mailing it to myself certified through the mail. After they kicked us out I told them it was ok for them to cover some of the material live until they wrote their own music, similar to covering other peoples music other peoples music on the radio, but that the guitarist and I were going to put together another band and continue playing the music we had already written. They even played material live that I wrote but that we never recorded. What actual rights do they have right now as far as the music that I wrote is concerned...as well as me? Do they have the right to continue using what I wrote and the CD we recorded?
Answer:
and I have the copywrites to the music on the second CD that I attained through mailing it to myself certified through the mail. Just FYI, that's NOT how you get a copyright. That may help to prove that you had the material on a given date, but doesn NOT provide you with any further protection. Copyright simply doesn't work that way, and that's not how you prove ownership of the copyright. Copyright exists as soon as you write down the lyrics to your songs, and as soon as you recorded the songs.
As far as ownership is concerned, without any contractual agreements to the contrary, anyone who was involved in writing a particular song is an "author" and therefore "owner" of the copyright in the song. Everyone who played the songs on the recording is likewise an owner of the copyright in the recording.
Every song on a CD has two copyrights associated with it -- a copyright for the song (the "musical work") and a copyright for the recorded performance of the song (the "sound recording"). If you (or you and the guitarist) wrote the songs, you have the copyright to the "musical works," but the band as a whole has the copyright to the "sound recordings."
That means that any copyright owner (i.e., the band) may reproduce and sell copies of the CD. However, only the copyright owners of the musical works (you and the guitarist, it sounds lke) would have the right to actually continue to play the songs, and record new versions of the songs. Of course, you could "authorize" or "license" others to play the songs, as it sounds like you have.
But that's all technical legal stuff. From a practical standpoint, what can you do about it? Probably very little. I mean, are you really going to sue them for copyright infringement? If so, who is going to pay for it -- unless the band has deep pockets to pay if a judgment is rendered against them, and you have deep pockets to pay for the legal costs associated with suing them, there really isn't a whole lot you can do, legally. You could register your songs with the U.S. Copyright office, it's like $35 for each sone you want to register, then if they continue to "infringe" you could at least potentially sue them -- with the registered copyrights, it would be possible to obtain an injunction, besically a court order that says they can't play your songs without permission from you. It probably wouldn't be sheap, but it could be done.
Answer:
In that case, I also have several "recordings" of these songs that I did by myself before i recorded the finished product with the rest of the band.
Do I have recording copyrights too?
Answer:
In that case, I also have several "recordings" of these songs that I did by myself before i recorded the finished product with the rest of the band.
Do I have recording copyrights too? For the recordings you did, yes. But the band as a whole will still own the copyrights to the songs it recorded.
Answer:
For the recordings you did, yes. But the band as a whole will still own the copyrights to the songs it recorded.
I read somewhere where it has to be a commercial release in order for them to have "recording rights". There was no agreement as a band...there was no agreement saying that we were a band. Other than the drums and backing vocals...the guitarist and I recorded the rest of the parts(lead vocals,lead and rythym guitars and bass). So does the band have the copywrites or the people who are on the recording?
Answer:
I read somewhere where it has to be a commercial release in order for them to have "recording rights". There was no agreement as a band...there was no agreement saying that we were a band. Other than the drums and backing vocals...the guitarist and I recorded the rest of the parts(lead vocals,lead and rythym guitars and bass). So does the band have the copywrites or the people who are on the recording? Based solely on what you've written, the people on the recording own the copyright to the recording.
Answer:
Texas
Thank you for the help...
Is there somewhere I can go on the net where I can read about these laws that are more detailed than here?
Answer:
Texas
Thank you for the help...
Is there somewhere I can go on the net where I can read about these laws that are more detailed than here? Check for the actual copyright statutes. There probably isn't a single place where all of the relevant caselaw is bundled together, but maybe some Google searching will turn up caselaw or summaries of caselaw. Cornell University, Findlaw, and Bitlaw are all good resources on the web for statutes and caselaw. Many lawfirms have summaries of different legal issues on the web, a Google search may turn up some stuff.
Answer:
Texas...
Does those laws apply to us even if we never made a band agreement or signed any contract?
Answer:
Texas...
Does those laws apply to us even if we never made a band agreement or signed any contract? Yes they do.
Answer:
Texas
Now, regarding the band name.
Do they have a right to kick the two primary songwriters out and still continue using the name?
One person thought of it but it was decided by four of us to use it. The person who thought of it is still in the band.
Answer:
Texas
Now, regarding the band name.
Do they have a right to kick the two primary songwriters out and still continue using the name?
One person thought of it but it was decided by four of us to use it. The person who thought of it is still in the band. STILL WONDERING ABOUT THE BAND NAME ISSUE.
Can I legally use it?
Also, I found out that they are selling the CD at thier shows...are they supposed to pay me anything?