Discussion:
What is the name of your state?What is the name of your state?Florida
My sons (2 - under legal age) band has completed a CD recording. A person we have known for a long time produced and did some song arrangements on the CD. There is not a contract of any kind concerning the recording between the artist and the producer. The producer has physical possession of the Master and said that he has all copyrights to the SR. This was done without our knowledge. The costs of the recording studio was paid by the band. Does he have a legal right to file the SR and have total ownership of the Sound Recording? All of the songs on the recording were written and performed by the Band.
Really feel taken advantaged of!
Answer:
What is the name of your state?What is the name of your state?Florida
My sons (2 - under legal age) band has completed a CD recording. A person we have known for a long time produced and did some song arrangements on the CD. There is not a contract of any kind concerning the recording between the artist and the producer. The producer has physical possession of the Master and said that he has all copyrights to the SR. This was done without our knowledge. The costs of the recording studio was paid by the band. Does he have a legal right to file the SR and have total ownership of the Sound Recording? All of the songs on the recording were written and performed by the Band.
Really feel taken advantaged of! Absent a contract to the contrary, it is possible that the producer has some copyright interest in the recorded work, but he would not wholly own the copyright -- the band would also be owners of the copyright. However, there are also arguments that potentially could be made that any contribution he made was to a "collaborative work," and that he does not have any ownership interest in the copyrighted work himself.
If you can't work out something amicably with this guy, it might be worthwhile to talk with a local attorney with experience in copyright, to see what (if any) interest the producer might have in the copyright.
Answer:
Thanks for your reply, I have spoken to an Entertainment Lawyer, however her specialty is not copyright law. I agree that he has some rights to the work and I am afraid we will not be able to resolve this amicably so I will take your advise and contact a copyright attorney.