Yet another copyright related issue...

[anne]

quick recap / update: I own the masters from a band that I used to produce and manage. I've been tracking the band down to get permission to use those songs for projects in the future. What I have found out. 1. Copyrights were never filed on the music, lyrics, or individual recordings. I have the SR copyright on the master recordings.2. The writer of the songs said I can use the songs for whatever purpose I want, and doesn't want any money (if I make any) from the songs (its a long story, but I guess I earned a few karma points way back then) but the video materials we have is not to be used for any purpose. 3. The performers agree with (2) and don't want any money.4. They all agree that I was to be the legal owner of the original sound recordings because that was my original arrangement between me and the full band.5. They all want to get together for a good meal and sign whatever papers are needed for me to pitch the songs, re-record the songs, sample the songs - whatever I want to do with them - and I get to keep the money, if any should ever come from them. 6. They want to be able to retain the rights to perform them live and also keep any money, if any, that ever comes from any new performance or recording of them that they do. This is all great news to me, and I'm thrilled but I have one question and then there is one big hitch:My questions on that - so, we will get together and decide how to copyright the music and lyrics themselves . None of the guys will be looking into getting a PRO -this is just a hobby for them now. Any suggestions on what is fair or who is listed as what for the copyright forms?Now, the hitch:One member is still unfound, and has not been seen by anyone in over 10 years. I was actually the last to see him in 1997. He performed on the original sound recordings, but was not a writer (he was a band member).Here are my questions regarding the missing member:1. From reading everything I can find, I believe I still need to find him somehow and get a release in order to do anything at all with the original sound recordings (which I own) - is that correct? 2. Since he was not a writer of the lyrics or creator of the music, can his guitar parts simply not be used , thus alleviating the need for a release from him?3. Do I need a release from him since I own the SR on the masters anyway?OK - let me know if you have any advice. I will be hiring a music lawyer if the entire project comes together, but I want to understand more before going in. I think that is the best way I can explain it. Any help is fine. Like I said, I'll talk to a music attorney but I want to know how much work we need to put into finding the "missing musician", and if there is an ethical solution to the issue of using the songs if we cant find him? And finally, what is the best way to divide the ownership of the music (since they don't want any money from anything I do with them). Wow, long letter - thanks in advance.

[avillaronga]

Hi Anne,How are you determining that you own the masters? Do you have an agreement signed with all those who participated on the recording? If so, then that is probably all you need, it should be in essence a release allowing you to do as you please with the master. If you're saying you own the masters because you filed form SR for it then you will need releases from everyone involved. The copyright on the song seems to be a more complicated matter in your case as it appears, if I understood your post correctly, that you are not the author (or one of the authors) of these songs. If that's so, you could all have an agreement where you control the publishing of the music and thus are able to market it BUT I am fairly certain you cannot pitch music that is not your own via Taxi, from their FAQ:Quote:All songs submitted to TAXI must be material that you have written or co-written. You may not submit material from any one else, unless you are a co-author and one of the parties involved in the original creation of that particular material. If the occasion arises that you are submitting three songs from your band, and one of the songs was written by a band member who is not a TAXI member, then you can request an Additional Writer Release form by calling us at 818-222-2464 and we will send you a form.Maybe you would be able to do it with the "additional writer release" they mentioned but being that this is not a situation between bandmates, I doubt they would; otherwise people would start simply creating their own small publishing companies and submitting material they sign which, I believe, is not what Taxi is about. Now if you made an initial contact with a publisher or library with one of your own songs and then submitted this material to them directly (assuming you take care of getting all proper releases) then I think that would be ok.HTHAntonio

[hummingbird]

Quote:Hi Anne,How are you determining that you own the masters? Do you have an agreement signed with all those who participated on the recording? If so, then that is probably all you need, it should be in essence a release allowing you to do as you please with the master. If you're saying you own the masters because you filed form SR for it then you will need releases from everyone involved. The copyright on the song seems to be a more complicated matter in your case as it appears, if I understood your post correctly, that you are not the author (or one of the authors) of these songs. If that's so, you could all have an agreement where you control the publishing of the music and thus are able to market it BUT I am fairly certain you cannot pitch music that is not your own via Taxi, from their FAQ:Quote:All songs submitted to TAXI must be material that you have written or co-written. You may not submit material from any one else, unless you are a co-author and one of the parties involved in the original creation of that particular material. If the occasion arises that you are submitting three songs from your band, and one of the songs was written by a band member who is not a TAXI member, then you can request an Additional Writer Release form by calling us at 818-222-2464 and we will send you a form.Maybe you would be able to do it with the "additional writer release" they mentioned but being that this is not a situation between bandmates, I doubt they would; otherwise people would start simply creating their own small publishing companies and submitting material they sign which, I believe, is not what Taxi is about. Now if you made an initial contact with a publisher or library with one of your own songs and then submitted this material to them directly (assuming you take care of getting all proper releases) then I think that would be ok.HTHAntonioThe easiest way to get around this issue is for the people involved to sign an agreement that states that Anne, as 'Producer' of the project, is being given a share as co-writer, and ownership of the master recordings, plus the ability to make any & all decisions when it comes to placing the music. Register the songs appropriately with the PRO. The Anne is co-owner of the songs and as such can pitch them. DISCLAIMER: I am NOT a lawyer, this is just an UNEDUCATED opinion.

[anne]

Hi Vikki, Hi Antonio - thanks for the advice! It seems that the guys will happily make it a co-write as Vikki outlined. Remember also that these tracks will be reworked by me as well; I'll be using the tracks in new compositions. I guess the point is that I was surprised that they all don't want any money from me (in the event that anything sells down the road) and I didn't know how to set that up, but then I looked at the ascap forms and figured it out there. Copyrights are a whole different thing and that will be among all of us. Now to keep looking for the guitar player.....

[ciskokidd]

Hi Anne,I wanted to note the issue of the guitar player parts. If you cannot find him you are within your right to replace his performance If indeed he is not a writer of the material, that would be your best recourse. If you really like the guitar parts he did, have another player come in and cop the parts or have the new player be inspired by the parts that are there as he may come up with even better parts.Remember that once you create a new Master, you will need to copyright that recording all over again.In the spirit of good Karma do your best to find this guy, but if not you have the avenue above.Best,Cisco

[anne]

Good Karma is highly important. It is because of having done the right thing (with helping this band get their s*)t together originally) that the guys are so willing and happy to work with me now. I was truly touched by that, as I'd not spoken to any of them for over 15 years. I am, and will keep, looking for the guitar player regardless. I just can't give up that easily on things anyway; its just not my nature to throw up my hands and say "I tried" until I've exhausted every avenue and really feel within that I did the very best I could.When it all comes down in the end, its only our ethics and actions that differentiate us from the pack. If I want to be treated well and with respect, then that is how I have to treat others; thus, the effort I'm putting into doing this correctly.