Estate's intellectual property rights

[Jay ellis]

What is the name of your state (only U.S. law)? Texas

I am assisting a group of musicians estates with getting their intellectual property assets in order. Problem is, most of their assets weren't copywritten correctly, their names and likenesses weren't trademarked, and hundreds of artists are using their intellectual property, for profit, without consent or license. When they passed, would everything they created be the property of the estate (once proven)? How can I go and correct copyrights that are assigned incorrectly? How do I challenge "infringements" or unlicensed uses of their music where there is no correct copyright?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

I am assisting a group of musicians estates with getting their intellectual property assets in order. Problem is, most of their assets weren't copywritten correctly, their names and likenesses weren't trademarked, and hundreds of artists are using their intellectual property, for profit, without consent or license. When they passed, would everything they created be the property of the estate (once proven)? How can I go and correct copyrights that are assigned incorrectly? How do I challenge "infringements" or unlicensed uses of their music where there is no correct copyright?

You seek the assistance of a local professional, probably an attorney.

What you should NOT be doing is offering this type of assistance without knowing what you're doing. You can screw up BADLY and be on the hook PERSONALLY for large sums of money and, even worse, you could screw up the lives of countless folks downstream.

 

[FlyingRon]

You can't challenge anything. You have no more standing than any of the alleged infringers. You can help the executor of the estates or successors get proper legal cousnel.

You're spouting gibberish. The songs almost certainly are protected by copyright. Were these rights assigned (properly or improperly) or not. If they were assigned, then the death of the creators do not change that. In addition, if they recorded these songs, others do have statutory rights to make their own recordings of the works subject to paying the statutory rates.

 

[quincy]

What is the name of your state (only U.S. law)? Texas

I am assisting a group of musicians estates with getting their intellectual property assets in order. Problem is, most of their assets weren't copywritten correctly, their names and likenesses weren't trademarked, and hundreds of artists are using their intellectual property, for profit, without consent or license. When they passed, would everything they created be the property of the estate (once proven)? How can I go and correct copyrights that are assigned incorrectly? How do I challenge "infringements" or unlicensed uses of their music where there is no correct copyright?

You cannot do this without the help of an attorney well-versed in IP laws. Your questions show you are not qualified to be helping anyone with their IP needs.

 

[Jay ellis]

You can't challenge anything. You have no more standing than any of the alleged infringers. You can help the executor of the estates or successors get proper legal cousnel.

You're spouting gibberish. The songs almost certainly are protected by copyright. Were these rights assigned (properly or improperly) or not. If they were assigned, then the death of the creators do not change that. In addition, if they recorded these songs, others do have statutory rights to make their own recordings of the works subject to paying the statutory rates.

Well, problem is that some of the music that was created did not have copyrights. Two examples:
1. Original music recording was never released and digital files have been manipulated posthumously, then copywritten by another party, without them listed as writer/contributor.
2. Original vocals were recorded over someone else's music, and released as promotional material, without copyrighting vocals. These vocals have been used in creation of a new recording.
Also, wouldn't a license be required to create new recordings?
If my clients vocal is used without authorization, can we sue for the entire song or just a portion?

 

[Zigner]

Well, problem is that some of the music that was created did not have copyrights. Two examples:
1. Original music recording was never released and digital files have been manipulated posthumously, then copywritten by another party, without them listed as writer/contributor.
2. Original vocals were recorded over someone else's music, and released as promotional material, without copyrighting vocals. These vocals have been used in creation of a new recording.
Also, wouldn't a license be required to create new recordings?
If my clients vocal is used without authorization, can we sue for the entire song or just a portion?

YOU CANNOT DO A THING.

It really is that simple. They need a pro, not a guy floundering around on the internet.

 

[quincy]

Well, problem is that some of the music that was created did not have copyrights. Two examples:
1. Original music recording was never released and digital files have been manipulated posthumously, then copywritten by another party, without them listed as writer/contributor.
2. Original vocals were recorded over someone else's music, and released as promotional material, without copyrighting vocals. These vocals have been used in creation of a new recording.
Also, wouldn't a license be required to create new recordings?
If my clients vocal is used without authorization, can we sue for the entire song or just a portion?

Again, you are not understanding the law. Please help those you are attempting to help find competent legal counsel.

 

[FlyingRon]

Well, problem is that some of the music that was created did not have copyrights. Two examples:
1. Original music recording was never released and digital files have been manipulated posthumously, then copywritten by another party, without them listed as writer/contributor.
2. Original vocals were recorded over someone else's music, and released as promotional material, without copyrighting vocals. These vocals have been used in creation of a new recording.
Also, wouldn't a license be required to create new recordings?
If my clients vocal is used without authorization, can we sue for the entire song or just a portion?

You don't have a clue. Copyright is established when they are expressed in tangible form. As soon as they recorded it the first time even in their personal digital files, it was protected to copyright. Since the US finally signed on with the Berne Convention decades ago, there is no other "steps" required for copyright.

Recordings are covered under a provision of the copyright law that is called a COMPULSORY LICENSE. Once you created a record, others may due so WITHOUT FURTHER PERMISSION, just by paying the appropriate statutory royalty fee. Most of the real music publishers route this thorugh the Harry Fox Agency. However, even independents are subject to the compulsory license.

Again YOU can't sue for anything. You can't even HELP them sue (unlicensed practice of law). Whoever has the rights MIGHT be allowed to do so. You've not presented enough detail to explain it furhter (doubtful if you can).

Get these people to a proper attorney if they are going to have a chance. By the way

 

[quincy]

I think Jay might be playing games on the forum. His threads are being reviewed.



Here is a link to Jay's other thread: https://forum.freeadvice.com/copyrights-trademarks-39/trademark-state-registry-637214.html