Joint CopyRight... If one half says yes....

genestarwind21122 · Post by **genestarwind21122** » Thu Jan 18, 2007 12:51 pm

Okay here's the deal. I wrote lyrics for a song and the band recorded. Granted I'm not a member of the band though. I am part of the copyright to the song because I'm the one who wrote the lyrics and the idea behind the sound of the music. I give a lot of credit to the guitarist for write the music to go with based off of the ryhtm I wanted and tone. Anyways I have 2 member saying they wouldn't mind using the song, the other 2 don't really care either way, and then the problem comes in with the lead singer not wanting to use it for it isn't his own lyrics. Don't get me wrong the lead singer is a great person but he feels that since they aren't his own words it isn't what he wants to express. So I want to release the song as an individual item so I can earn some money back. I paid for the whole recording session. So who has the right to start selling the song or distributing it for profit? They don't mind that I'm using it for my video.

Kai Stromler · Post by **Kai Stromler** » Thu Jan 18, 2007 1:27 pm

Basically, you can't do it with the mixed version as it currently exists If the singer wants to block the release of his performance, he can do so legally, and you'll need to get someone else to re-record the vocals. Even if you wrote the lyrics, he still owns his recorded performance of them.

The issue of you paying for the recording doesn't enter into it unless there's a contract involved. If you didn't make the recording budget contingent on getting certain rights to the recorded output, which the band agreed to, you don't have any recourse. If you did set up a contract, then either they have to let you use the song, or they're on the hook for however much you put up for studio time. However, it doesn't really sound like you got a contract written or signed for this, because if that was the case, you wouldn't have to ask.

Because of the rights situation here, where you own copyright on the lyrics and have co-writer credits on the music, you and this band need to agree to a contract between each other before anyone starts selling this with regard to how profits are going to be split up. Speaking generally about underground music, it's probably going to sell trivially if at all, but the principle of dividing revenue in a fair and mutually-acceptable fashion is a hell of a lot more important to musicians than the actual couple bucks that they'll ever make from a recording.

--K

nailz · Post by **nailz** » Sat Jan 20, 2007 12:22 pm

I think it's absolutely HILARIOUS that people come to internet forums seeking legal advice. Check the yellow pages for an attorney. Thats what they're there for.

genestarwind21122 · Post by **genestarwind21122** » Sat Jan 20, 2007 10:08 pm

We'll the reason I asked here is thinking some people on here may have gone through this process already. Then I may get a hand pointing me in the right direction. (waits for someones sarcastic remarks. lol.) Anyways thanks Kai Stromler.

Lyrs · Post by **Lyrs** » Mon Jan 22, 2007 1:08 am

Did the singer perform the song knowing full well that he was being paid to sing the song for release?

genestarwind21122 · Post by **genestarwind21122** » Mon Jan 22, 2007 10:15 pm

At the time the singer didn't want to release the song on a cd as calling it their song. They feel it is a little out of their style of music. It still metal but with a little pop to it as some band members were saying. The band and I are going to discuss more on this matter at the next practice tomorrow.