copyright issues

[Casey H]

Quote: I am a beginning songwriter and have been a member of TAXI for several years, hoping that TAXI might help me to get my songs heard. In my first two years of membership, I had about 60 forwardings of my fewer than 10 songs, and now have contracts with 5 or 6 music libraries for all of them, either with or without vocals. This string of comments regarding copyright issues has me ready to cancel all of my contracts. My songs have all been professionally demoed by session musicians and singers, and I have releases from none of them. I had thought that as the sole creator of lyrics and music, and sole owner of copyrights and publishing, it was proper to pitch these songs to music libraries as "works for hire". It appears now that I may have committed perjury in claiming that I owned the Master Rights to these songs, since I have no agreements with or releases from any of those involved in the production of these works. Most of these people are in fact union members, and now it seems they will in all likelihood be reluctant to sign such releases or agreements. I have talked on the telephone with TAXI people on more than one occasion, asking whether I was free to pitch these demos to music libraries pitching to TV and Film, and was assured each time that if I alone owned copyright and publishing, and the recordings were "Works for Hire" with no restrictions in any contract, I could do as I pleased. This string of Forum comments, and a negative response recently from a Music Library that withdrew an offer of a contract when it learned that my song had been demoed by union musicians, lead me to think that 1) I cannot pitch my songs to music libraries, and 2) I should cancel my existing contracts as soon as possible, to avoid possible lawsuits. All of this is extremely discouraging, since my songs are "dated" lyrically and musically, and therefore of interest primarily to Film and TV rather than to performing artists. I would add my disappointing impression that in the past year, listings of interest to me have shifted increasingly from individual artists to music libraries.I wonder if I will renew my membership in TAXI, and would welcome comments and advice.MarkDon't do anything rash regarding contracts already in place. Yes you could have a potential legal issue if you don't have the proper releases. "Perjury" is a pretty strong word. I'd say you are legally at some level of risk (you stipulated you had rights you did not have), but how much so depends on a number of details. Rather than all of is here discuss legal issues that we are not completely qualified to discuss, I suggest you get the name of an entertainment attorney and have a consultation regarding your existing contracts. You might want to talk to folks at NSAI, SGA, ASCAP, BMI, etc. to get a referral for an entertainment attorney.Just a note that SOMETIMES you can pay additional money to the demo musicians to bring the pay up to union scale and get the releases. I can't say how much this would be and whether it is worth it.Don't panic. Regards,Casey

[spindrift]

Thanks for a quick and good reply, Casey!I agree that I unfortunately need an attorney to be sure I don't get in trouble over these rights, and to decide what to do in the future regarding these and other contracts.Back to the music...Mark

[matto]

Quote: I have talked on the telephone with TAXI people on more than one occasion, asking whether I was free to pitch these demos to music libraries pitching to TV and Film, and was assured each time that if I alone owned copyright and publishing, and the recordings were "Works for Hire" with no restrictions in any contract, I could do as I pleased. Mark, if the recordings really were "work for hire"s, then you *would* be able to do as you pleased. The problem is that that term has a very specific legal definitioin in the music business, it doesn't just mean "I hired a bunch of people and paid them".I think that's were a lot of confusion stems from. That and the fact that most people don't understand that a composition (which is always owned by the creator unless/until something to the contrary is specified in writing) and a recording of that composition (which is jointly owned by all the participants in its creation unless something to the contrary is specified in writing) are two entirely different entities.This whole situation really underscores how CRUCIAL it is for musicians, songwriters etc to inform themselves about these issues. Making music for fun with our pals is one thing, but once we're trying to turn that music into a business, it is imperative that we understand the basics of that business.I think you definitely need to consult a qualified entertainment attorney to figure out how to proceed from here.Best of luck to you!matto

[spindrift]

Thanks, Matto, for taking the time to express what I have begun to understand: that a composition and a recording are very different animals, treated differently with regard to rights. It looks to me as if I have all the copyright and publishing with regard to my Compositions (music and lyrics), but NOT the Master Rights to the specific recordings of my works by the demo studio. I plan to contact the demo studio to determine its understanding of the situation, and to see if releases are necessary, possible, and affordable. If not, TAXI will not be worthwhile for me, since Music Libraries increasingly dominate the listings of interest in my case.I am told an entertainment attorney will be expensive, particularly relative to the amount of money I am likely to make from licensing of my work in Film and TV.I appreciate your taking the time to comment.Mark