How to identify the song legal owner?



Believe me or not, song copyrights can be complex. Practically lots of mistakes have been made by me in the past where days of ignorance can be forgiven. Yes, we all do make mistakes and it is the learning experience and your unstolen skills/wisdom is all that matters.

Below are the very important tips to know who the song legal owner is (Disclaimer: Legal matters discussed, may not be entirely correct but I suggest you go to an entertainment lawyer if your case are serious):

1. First, the one that appears as “author” in the copyright application. This is not a simple poor man copyright but a copyright application addressed to US Copyright office for example. The author is the legal owner according to the law which has the legal right to commercially exploit the songs by any means.

2. If copyright application has not been done, things can be tricky. The person that writes the song as well as the one that keeps the original recording (whether in cassette or CD). Of course, the songwriter should have the very first recording, and then he is the legal owner. But the protection is weak; it is why it is highly advisable to file legal documents like a copyright application.

3. What if company X is paying Mr. Innocent writer to write songs??? After all since Mr. Innocent writer writers the songs and has the original recordings keeps in his secret cabinet, he may think he has the legal right to own the songs but it’s NOT TRUE in all cases. When Greedy Company X decides to claim all his works (as well as earning a substantial amount of income from it) and brutally kicks Mr. Innocent writer out of their office. Mr. Innocent writer may desperately cry for justice. Unluckily if Mr. Innocent writer signs a WORK FOR HIRE agreement then justice is beyond reach. It is why be careful with what you sign. If you are an aspiring writer and you sign a work for hire agreement with a certain company, they legally own the work NOT you.

4. What if there are 5 writers/melody makers but only Mr. Leader of the band keeps the lyrics as well as the first original cassette recording? The legal owner is the 5 of them, BUT, they have to agree in a split letter agreement. This letter mentions the % ownership of each contributors, for example even though Mr. leader of the band keeps the lyrics/recordings he might only be contributing 1% (only the song title for example) but Mr. Drummer is writing 30%, Mr. bassist is writer another 30% and finally Mr. Vocals is writing 39%. This needs to be in writing, so clumsy and awkward for rockers, grunges and heavy punk folks but it helps them to be still friends 30 years after their career is over.

5. What if Mr. Ignorant writer originally writes the song lyrics and melodies as well as performed / recorded it. BUT, Mr. Wise Greedy changes the lyrics (to become English version for example) and then file US Copyright. Does it make Mr. Wise Greedy the legal owner? Sadly the answer is yes. Mr. Ignorant Writer can start a mega legal fight with Mr. Wise Greedy, take those tapes, poor man copyright, and performance and starts the journey of 10 year courtroom battle for song ownership.

Kangaroo

So painful but it can happen, and in the end looks like Supreme court will favor strong legal evidences(like copyright application) as compared to only a poor mans copyright and friends seeing you first performing live of that song.

Related posts:

  1. How to license a song to be used in film projects?
  2. How to use & understand Copyrighted Works: Song & Sound Recording
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