Copyright AFTER Band Splits?

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akg414
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Copyright AFTER Band Splits?

Post by akg414 » Mon Jul 27, 2009 4:36 am

I've been in a band for 3+ years and wrote about 80% of the MUSIC on our CD that just came out. We split up one day before the CD arrived at our door.

Me and the drummer are on our own now and I've taken my songs with me. I'm writing new lyrics for my music.

My question is: Can I copyright the songs I wrote to protect myself against any future success the other guys might enjoy since they insist on using the songs I wrote?
- Brad

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Post by uncle bastard » Mon Jul 27, 2009 7:50 am

Do you have a documented agreement about who wrote which percentage, and who has the rights to the songs/royalties? Unless you can prove this, or have a good lawyer to get something drafted retrospectively, you might be on shaky ground.
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Nick Sevilla
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Re: Copyright AFTER Band Splits?

Post by Nick Sevilla » Wed Jul 29, 2009 9:38 pm

bradjacob wrote:I've been in a band for 3+ years and wrote about 80% of the MUSIC on our CD that just came out. We split up one day before the CD arrived at our door.

Me and the drummer are on our own now and I've taken my songs with me. I'm writing new lyrics for my music.

My question is: Can I copyright the songs I wrote to protect myself against any future success the other guys might enjoy since they insist on using the songs I wrote?
Usually, you have an agreement in writing BEFORE music is published, aka sent out for sale.

Also, you should copyright your music as you go, either as one song, or as a body of work.

Of course, this is advise after the fact. What is the current situation with the split? was it amicable enough to get a copyright / publishing deal written and signed by all then-members of the now defunct band?

Can you get signed agreements from the other musicians waiving their rights for publishing / copyright?

Was any of this discussed at any point with your now defunct band, when you were still together?

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Re: Copyright AFTER Band Splits?

Post by @?,*???&? » Wed Aug 12, 2009 8:29 am

noeqplease wrote:Usually, you have an agreement in writing BEFORE music is published, aka sent out for sale.

Also, you should copyright your music as you go, either as one song, or as a body of work.

Of course, this is advise after the fact. What is the current situation with the split? was it amicable enough to get a copyright / publishing deal written and signed by all then-members of the now defunct band?

Can you get signed agreements from the other musicians waiving their rights for publishing / copyright?

Was any of this discussed at any point with your now defunct band, when you were still together?

Cheers
I like your thinking on this. BEFORE I work with a band, we discuss their project and agreements. This ALWAYS must be sorted out before I work with them.

Publishing splits as well as registering with BMI/ASCAP and Soundexchange too.

Sorry, I love art and all, but to do less as a band is just ill-informed stupidity.

As for the original poster, what you are doing is vindictive and little else. Move on. Write more material. If you are only as creative as those few songs with that band, question your own ability to create.

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Re: Copyright AFTER Band Splits?

Post by Nick Sevilla » Wed Aug 12, 2009 8:46 am

@?,*???&? wrote:I like your thinking on this. BEFORE I work with a band, we discuss their project and agreements. This ALWAYS must be sorted out before I work with them.

Publishing splits as well as registering with BMI/ASCAP and Soundexchange too.

Sorry, I love art and all, but to do less as a band is just ill-informed stupidity.

As for the original poster, what you are doing is vindictive and little else. Move on. Write more material. If you are only as creative as those few songs with that band, question your own ability to create.
+1
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Post by standup » Sat Aug 15, 2009 9:20 pm

Write your lyrics, play your tunes, and if they don't like it they can sue. If they "make it big" without crediting you, that would be the time to hire lawyers and prove that you wrote the guitar parts.

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Re: Copyright AFTER Band Splits?

Post by JGriffin » Sat Aug 15, 2009 11:57 pm

bradjacob wrote:I've been in a band for 3+ years and wrote about 80% of the MUSIC on our CD that just came out. We split up one day before the CD arrived at our door.

Me and the drummer are on our own now and I've taken my songs with me. I'm writing new lyrics for my music.

My question is: Can I copyright the songs I wrote to protect myself against any future success the other guys might enjoy since they insist on using the songs I wrote?
you know that according to our current copyright law you own the copyright as soon as you create the work, don't you? Registration with the government is just the formalization of something that has already happened. If you wrote those songs, you already have a copyright. Go ahead and file the papers.
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Post by The Tallman 916 » Sat Sep 19, 2009 2:05 pm

Registration with the government is just the formalization of something that has already happened. If you wrote those songs, you already have a copyright. Go ahead and file the papers.
Good advice to file the papers.

Without them you do own the copyright, but can't do jack in Federal Court unless you get the copyright from the Library of Congress.

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