Music

[droulhac]

What is the name of your state? arkansas
recently i discovered that a song recorded by my now deceased father is on a cd called stompin 14. the cd has various artists on it. He recorded this song in1956. are his heirs entitled to any royalties from the song, recorded by my father, on this stompin 14 cd?

 

[JETX]

If he just recorded it, he should not qualify for any royalty or payments when someone else records it. However, if he actually WROTE it then he might qualify (depending on expiration) for some compensation.

 

[droulhac]

Music 2

No, he did not write the song, just recorded it. So, the fact that his voice is on the CD doesn't count for anything?

 

[JETX]

Your post made no mention that they had used HIS recording, only that they had used a song that he had recorded!!!

If they have used his voice for commercial purposes, then you may have a case for compensation. I would suggest you talk with an attorney experienced in copyright and music rights issues.

 

[racer72]

Just because your father recorded the song does not mean you are entitled to compensation. The question is, who owns the recording? The owner of the song get the compensation. Plus it would depend on the contract your father had at the time the song was recorded and the original owner of the song. If he was hired to sing the song and was paid, that may be all the compensation that him or his family is entitled.

And example of this would be if I wanted to put a classic Beatles song on a CD to sell. Would I contact the remaining Beatles and the estates of John and George for permission and how much they want to be paid? No. Michael Jackson purchased the entire Beatles song catalog and I would have to contact him and pay him. There are many other cases where the original artists no longer have control of their music or how it is used. The members of Creedance Clearwater Revival are not even allowed to play the songs they recorded as a group. The owner of their music successfully sued them to stop from playing their own music.

The recording should state who is holding the license for the music (either BMI or ASCAP). Both organizations have very informative websites and they can probably help you answer some of your questions.

 

[droulhac]

Music 2

Sorry I did not make myself clear initially. Thanks for your help.

 

[racer72]

I would also like to add that BMI and ASCAP collect royalties for music and distribute them to those entitled. If your father or estate was entitled to any royalties, they should have been paid. You may wish to contact the organization holding the licensing agreement and they may be holding royalties due to your father or in this case, his estate.

 

[JETX]

droulhac: You're welcome.... however; don't overlook Racer's posts. He is absolutely correct that the mere recording of a song does not automatically mean 'cash bells'.