Concert Recording

[bzjro]

California

I was in a band. One of our shows was recorded. I composed some of the music in the performance. After leaving the band, I learned that they intended on releasing the recording of the show as a live CD. I emailed one of my former bandmates and stated my position that I did not approve of this release. They signed with a label, and the label released the CD.

Was the label and/or the band within it's rights?
Were they supposed to get my permission?
Whether I had granted permission or not, am I entitled to have been involved with any contracts over this particular release?

Thanks

 

[divgradcurl]

Was the label and/or the band within it's rights?

Hard to say from the limited facts, but probably. Were you the SOLE writer of the songs that you claimed to have written -- and by sole, I mean, the rest of the band had NO input into the songs at all? If that is the case, then it is possible that you solely own the copyright to the musicical works for those particular songs, and then if they didn't get your permission, that's not proper.

However, the more likely case is that the band did contribute in some way to the songs, and therefore the copyright to the work is co-owned by you and the band, and the band did not need to seek your permission to use the work.

Were they supposed to get my permission?

If there is a co-ownership situation, then no, they do not need your permission (and you do not need their permission to perform the songs yourself). If you solely own the copyright, then yes.

Whether I had granted permission or not, am I entitled to have been involved with any contracts over this particular release?

No, but you are entitled to a pro-rata share of the profits they make from the use of work you co-authored. If you are the sole author, then they didn't have authorization to enter into a contract for those songs, and you would have some say there.

However -- here's the practical issue -- how do you prove any of this stuff? Do you have a regsitration for the songs in question? Do you have any other proof that you are the sole creator, and therefore sole copyright owner, for those songs? If you can't prove that, the courts will presume that their is a co-ownership of the copyrights (and that is especially true if you ever represented the copyrights as being owned by the "band" -- that cuts against a finding of sole ownership). So, at best, you could probably try and get a cut of the profits, if any. If the band looks like it might be making some money, it might be worth it to you to go down and talk with a lawyer with experience in copyrights to see how best you can enforce whatever rights you might have.

 

[bzjro]

Concert Recordings

Thanks so much for taking the time to respond. No, I was not the sole writer of any one of the tunes. Obviously, I left out that important little detail (sorry). And actually, I was already fairly sure and aware of everything you said in your response. Writing this forum was just one of the few steps I'm taking to be completely sure. Even if my rights were being stepped on, I realize that it probably wouldn't be worth losing much sleep over this......unless they had any serious income potential from the release.......in which case I'd take action......but any such potential is highly unlikely.
I appreciate the reassurance. Thanks again.

 

[bzjro]

I guess I'll venture to mooch one more bit of free advice, if you're biting.
This is unlikely as well, but the band may have received an advance from the record label. If so, as a performer and co-writer on the CD, should I have received part of that money? Such contracts aren't recorded publicly, are they? Should I quit spinning my wheels (and yours)?
Barring a stirring response to this, I'm done whining. (Whaaaa !!)

 

[divgradcurl]

This is unlikely as well, but the band may have received an advance from the record label. If so, as a performer and co-writer on the CD, should I have received part of that money?

Unlikely. Co-copyright owners are only entitled to a share of the profits of the use of a copyrighted work. If the advance was a "gift" to the band, then you probably do deserve a cut. But from my understanding, these "advances" are to allow the band to concentrate on practicing and recording an album, and must be paid back from the proceeds of their album sales and touring and the like -- in which case it is a loan, and not profits.

Once the advance is paid off, if the band starts to get checks from the record company, THAT's when you should start to get interested in a piece of the action.