Christopher Smith wrote:
On Mar 14, 2006, at 2:41 PM, dhbailey wrote:
Assuming you're in the U.S., the original copyright owner owns all the
copyrights in any derivative works. It's part of the law, not just
what the composer wants.
This is true by default, but the composer CAN decide to re-assign them,
if he wants. That's what he does when he signs any kind of contract with
a publisher.
Of course, if they are already published, then the composer needs to
work this out with the publisher; he can't single-handedly contract
anything that affects his publisher's rights.
Christopher
Christopher is correct that whoever owns the copyrights can assign,
sell, rent, lease, give away any of those rights as he/she feels
appropriate.
And I hadn't even thought of Christopher's second point, which is a very
important one -- the composer may not have the right anymore to contract
with anybody to make any arrangements (or give permission to record or
perform or anything.) This would need to be straightened out before
anything further is pursued.
And even if the music hasn't found it's way into print yet, if it has
been published as an audio CD, the fine print of the recording contract
may have assigned copyright.
Lots of things to consider -- that's why there are copyright attorneys!
And another point to make perfectly clear is that none of us is an
attorney (at least as far as I can recall none of us is one -- at least
I know for certain I am NOT one, so take any of my copyright advice as
being worth exactly what you paid for it) and no advice you receive on
this list is legally binding, nor potentially even legally accurate. As
always in matters of law, it is best to work with an attorney to be sure
you have a legal right to do what you are being contracted to do.
That's one of the beauties of the "work-for-hire" concept -- it's up to
the person who is hiring you to get all the legalities cleared, and if
anything is illegal it is he (or she) who will bear the legal penalties,
not you.
To do that, however, you must be certain that your contract states very
clearly that you are performing the contracted duties as a work-for-hire.
--
David H. Bailey
[EMAIL PROTECTED]
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