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Compilation CD

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songstress1965

Junior Member
What is the name of your state (only U.S. law)? California

If a person/company has put out a compilation CD containing songs (and remixes of songs) that are owned/copywritten by a songwriter and the songwriter had no knowledge of the compilation cd, was never asked permission to use the songs and never received any money. What rights does the songwriter have?
 


FlyingRon

Senior Member
The word is COPYRIGHT.

If we're talking covers (new performance) and the songs had ever been released as a record (CD, itunes whatever), then your knowledge and permission is not required. They are required to remit the modest statutory royalties to the author (or his representative).

If by remix you mean take and existing recording/performance and manipulate it into a new form, then yes they will need to secure master rights.

Your remedies is to sue them for damages. It's not a DIY type thing for most people contact a lawyer. At the minimum he'll send them a cease and desist on further distribution of the infringing material.
 

songstress1965

Junior Member
FlyingRon...
Thank you. Sorry, I don't know the correct copyright lingo...:D
The recordings I am talking about were recorded many years ago and some distribution companies have taken the original song and put them on compilation CD's... They are not covers. The songwriter owns the song and the publishing on most of the songs... and yes, that's exactly what I meant about remixes... Thanks!

Even if the lawyer sends a cease and desist to stop the sale of the recordings....can the songwriter still sue for damages? The songwriter doesn't mind the songs being used, he wants to be paid for his work.
 

FlyingRon

Senior Member
Even if the lawyer sends a cease and desist to stop the sale of the recordings....can the songwriter still sue for damages? The songwriter doesn't mind the songs being used, he wants to be paid for his work.
Yes, generally the demand for the royalties accompanies the cease and desist letter.
 

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