Recording copyrights ?

[Treble]

I am an older fellow from Montreal and recently started composing music on my own. I have created and personally mixed two songs along with videos and posted them on YouTube, both of which have been registered at the US copyright office.

But for my third song I would like to increase the level of sound quality and decided to get the third song mixed and mastered by a professional recording house out of LA.

The song is completed and is ready to be sent out to the recording house. However, I am confused about all this work for hire versus the sound copyrights.

I would like to solely hire the recording house to mix and master the track and assure myself that they won't have any rights to the track. However, I recently learned that when the recording studio masters a song this entitles them to a new recording copyright of the mastered version they produced.

So my question is, how can they profit from the newly mastered copyright version of the song?

In summary, should I be worried about this or is there any proper procedures to ensure they can not obtain any rights to the mastered version without negatively affecting my relationship with the recording house?

Thank you

 

[quincy]

I am an older fellow from Montreal and recently started composing music on my own. I have created and personally mixed two songs along with videos and posted them on YouTube, both of which have been registered at the US copyright office.

But for my third song I would like to increase the level of sound quality and decided to get the third song mixed and mastered by a professional recording house out of LA.

The song is completed and is ready to be sent out to the recording house. However, I am confused about all this work for hire versus the sound copyrights.

I would like to solely hire the recording house to mix and master the track and assure myself that they won't have any rights to the track. However, I recently learned that when the recording studio masters a song this entitles them to a new recording copyright of the mastered version they produced.

So my question is, how can they profit from the newly mastered copyright version of the song?

In summary, should I be worried about this or is there any proper procedures to ensure they can not obtain any rights to the mastered version without negatively affecting my relationship with the recording house?

Thank you

You retain all copyrights in your work unless you expressly transfer some or all of your exclusive rights to someone else in a written and personally signed transfer agreement.

In order for the recording house to mix and master your track, however, you will need to provide them with a license to do so. They cannot copy your work without this license. The license should be a limited license that grants them non-exclusive rights to use your work for the explicit purpose spelled out in the license.

The best way for you to ensure that all of your copyrights are protected is to have an IP professional in your area draft for you a license that you can use with the recording house.

Good luck.

 

[Treble]

You retain all copyrights in your work unless you expressly transfer some or all of your exclusive rights to someone else in a written and personally signed transfer agreement.

In order for the recording house to mix and master your track, however, you will need to provide them with a license to do so. They cannot copy your work without this license. The license should be a limited license that grants them non-exclusive rights to use your work for the explicit purpose spelled out in the license.

The best way for you to ensure that all of your copyrights are protected is to have an IP professional in your area draft for you a license that you can use with the recording house.

Good luck.

Hi Quincy,

Thank you so much for your reply.

So if I read this right, I provide them the project file with the song
and they give me a price. Upon my exceptance of their price, I email
them a licensing agreement granting them non-exclusive rights that
permits them to master the song. Ok.

-So who sends this agreement.... me or my lawyer?

-Could they refuse to sign such a document and if so is this a red flag or is it to my advantage ??
-Would they ask me to sign their licensing agreement instead and if so
should I refuse and insist on signing mine?
-Also, the right thing to do is for me to copyright the track at the US copyright office before I start any of this ... right?


Sorry for all the questions.... and thank you so much for having replied!

 

[quincy]

Hi Quincy,

Thank you so much for your reply.

So if I read this right, I provide them the project file with the song
and they give me a price. Upon my exceptance of their price, I email
them a licensing agreement granting them non-exclusive rights that
permits them to master the song. Ok.

-So who sends this agreement.... me or my lawyer?

-Could they refuse to sign such a document and if so is this a red flag or is it to my advantage ??
-Would they ask me to sign their licensing agreement instead and if so
should I refuse and insist on signing mine?
-Also, the right thing to do is for me to copyright the track at the US copyright office before I start any of this ... right?


Sorry for all the questions.... and thank you so much for having replied!

You could register your original work now although registration is not entirely necessary in the US. You own the exclusive rights to the work once it is fixed in a tangible form (in most cases), and these exclusive rights include the exclusive right to create derivatives (works based on your existing work). That said, although registration is not a requirement, registration provides a copyright holder with additional proof of ownership in a work and registration provides benefits in the way of statutory damages to a copyright holder should a work be infringed.

After registration, I recommend you sit down with an IP attorney in your area for work on a licensing agreement.

I would investigate any recording house before sending off your song. Compare costs, services, reputations, and finished results of the different mastering services. If you have the opportunity, it is best to sit down with the mastering engineer you choose, or are considering choosing, to discuss what you want and expect.

Good luck.

 

[Treble]

You could register your original work now although registration is not entirely necessary in the US. You own the exclusive rights to the work once it is fixed in a tangible form (in most cases), and these exclusive rights include the exclusive right to create derivatives (works based on your existing work). That said, although registration is not a requirement, registration provides a copyright holder with additional proof of ownership in a work and registration provides benefits in the way of statutory damages to a copyright holder should a work be infringed.

After registration, I recommend you sit down with an IP attorney in your area for work on a licensing agreement.

I would investigate any recording house before sending off your song. Compare costs, services, reputations, and finished results of the different mastering services. If you have the opportunity, it is best to sit down with the mastering engineer you choose, or are considering choosing, to discuss what you want and expect.

Good luck.

Ok thanks for your help!

 

[quincy]

Ok thanks for your help!

You're welcome, Treble. Thanks for the thanks.

Good luck.

 

[Treble]

You're welcome, Treble. Thanks for the thanks.

Good luck.

Hi again Quincy!!!

-UPDATE-

So I just called my IP lawyer, but he wasn't too sure about
how I should proceed and told me I should deal with the recording
house directly and see what they want. He also said that since its in
the US that there may be special American law policies.

I'm confused and afraid I will mess this up. I was thinking of
calling an IP lawyer in New York called WC which seems
to know about this stuff but I'm not sure he would be willing to
handle such a small client as myself.

I'm discouraged .... I see that the recording house has a paragraph
on their web site explaining their policy for work for hire. But I don't
know if I fully understand it.

:-(

 

[quincy]

Hi again Quincy!!!

-UPDATE-

So I just called my IP lawyer, but he wasn't too sure about
how I should proceed and told me I should deal with the recording
house directly and see what they want. He also said that since its in
the US that there may be special American law policies.

I'm confused and afraid I will mess this up. I was thinking of
calling an IP lawyer in New York called W.C. which seems
to know about this stuff but I'm not sure he would be willing to
handle such a small client as myself.

I'm discouraged .... I see that the recording house has a paragraph
on their web site explaining their policy for work for hire. But I don't
know if I fully understand it.

:-(

Why would you want an attorney in New York if the recording house is in LA?

Why do you want a recording house in California if you live in Canada?

Why doesn't your IP attorney in Montreal know how to handle this?

I recommend you locate an attorney in your area who understands copyright laws and then find a recording house in Canada, so you don't have to mess with US laws.

Just for your information, following is a link to the US Copyright Act, 17 US Code §101 Definitions, which explains what a work for hire is (scroll through the definitions): https://www.law.cornell.edu/uscode/text/17/101

Good luck.


(edit to add: The attorney's name has been removed from your post)

 

[Treble]

Why would you want an attorney in New York if the recording house is in LA?

Why do you want a recording house in California if you live in Canada?

Why doesn't your IP attorney in Montreal know how to handle this?

I recommend you locate an attorney in your area who understands copyright laws and then find a recording house in Canada, so you don't have to mess with US laws.

Just for your information, following is a link to the US Copyright Act, 17 US Code §101 Definitions, which explains what a work for hire is (scroll through the definitions): https://www.law.cornell.edu/uscode/text/17/101

Good luck.


(edit to add: The attorney's name has been removed from your post)

Bof its a long story. And as for the attorney he really didn't give direction ... he just told me to call them....

I asked him ..... can they obtain a copyright to the mastered version without my consent.... and he didn't know and told me to call them. I think you said no.... for that.

But thanks anyways

 

[quincy]

Bof its a long story. And as for the attorney he really didn't give direction ... he just told me to call them....

I asked him ..... can they obtain a copyright to the mastered version without my consent.... and he didn't know and told me to call them. I think you said no.... for that.

But thanks anyways

You're welcome, Treble.

I again advise that you research any company you are thinking of working with prior to sending off your work. I also advise that you have drafted by an attorney in your area your own licensing agreement that protects you and your rights to your work. If a company presents you with a contract for signing, it is best to have an attorney read it over. The attorney can explain it to you to your understanding BEFORE you sign it. You do not want to inadvertently transfer the copyrights in your work to someone else.

Montreal is one of my favorite cities, by the way. I try to visit friends there at least once a year.

Good luck with your songs.

 

[Treble]

You're welcome, Treble.

I again advise that you research any company you are thinking of working with prior to sending off your work. I also advise that you have drafted by an attorney in your area your own licensing agreement that protects you and your rights to your work. If a company presents you with a contract for signing, it is best to have an attorney read it over. The attorney can explain it to you to your understanding BEFORE you sign it. You do not want to inadvertently transfer the copyrights in your work to someone else.

Montreal is one of my favorite cities, by the way. I try to visit friends there at least once a year.

Good luck with your songs.

Ok understood .... But what if the recording house
Doesn't make me sign anything.... ? Then they can't obtain coppyrights to my song right? So I would be Scott free in this case.

As far as the recording house is concerned, they seem pretty reputable
and show examples of their work. Often we can look all we want ... in the end you have to try it to know. They even have a full money back guarantee if the first time client isn't satisfied.... so ..... i will Risk!


Yeah I was born in Montreal.... where you f Im of You don't mind me asking?

 

[quincy]

Ok understood .... But what if the recording house
Doesn't make me sign anything.... ? Then they can't obtain coppyrights to my song right? So I would be Scott free in this case.

Yeah I was born in Montreal.... where you f Im of You don't mind me asking?

You will want to have a written contract with the recording house.

It is best if the contract you have is one that is drafted for you by an attorney, so that you know it will protect your rights. You do NOT want to NOT have a written contract, though. If the contract comes from the recording house, make sure you read and understand all of the terms before signing. Again, it is best that you have an attorney review any contract that is presented to you by the recording house.

I currently live in Michigan, only a short hop from Windsor.

 

[Treble]

You will want to have a written contract with the recording house.

It is best if the contract you have is one that is drafted for you by an attorney, so that you know it will protect your rights. You do NOT want to NOT have a written contract, though. If the contract comes from the recording house, make sure you read and understand all of the terms before signing. Again, it is best that you have an attorney review any contract that is presented to you by the recording house.

I currently live in Michigan, only a short hop from Windsor.

Ok ok .... I will consult another attorney here in Montreal...

Final thanks for helping me Quincy.... 👍
T

 

[quincy]

Ok ok .... I will consult another attorney here in Montreal...

Final thanks for helping me Quincy.... 👍
T

I think consulting with an IP attorney in Montreal is smart and having an attorney available to draft and/or review any contracts is also smart.

Although I definitely question you straying too far from Montreal by looking at recording houses in the US when there are good ones in your area - a Montreal location making it easier for you to resolve any problems or disputes should they arise - I will leave it to the attorney you see to advise you on this.

Again, thanks for the thanks, Treble. I wish you good luck.