On Nov 13, 2006, at 3:05 PM, Noel Stoutenburg wrote:
Now, what I have done with my clients, is to agree in the contract that the client or his agent or assigns holds contract in the music composition, but that I hold sole copyright in the file, and while I have routinely given him a file of completed works, the agreement clearly states that these files are provided under a non-transferable license, and may not be sold, loaned, or otherwise transferred to anyone else without my sole written permission. In consideration for providing the client a copy of the finale file, I retain permission to use at my discretion all or any part of the engraving work I have done in any composition to which he has access to the Finale file, for the sole purpose sole purpose of securing work from others.
Because you specify it contractually, that works fine for you. By default, under American law, the copyright of any work for hire falls to the one who is hiring. If a client hires you to write something, the resulting product belongs to him unless both parties agree otherwise.
[quoting out of order]
If he does not provide a reason which satisfies me, I would explain that the Finale files are subject to a separate copyright from the music, and that I am unwilling to sell my copyright at this time, but might consider selling a minority interest in the copyright, and a right of first refusal on the balance in consideration for some amount.
A separate copyright for the original music and for the new printed representation of the music makes sense to me. I'm not so sure about a separate copyright for the printed representation and the Finale data file that writes that representation.
mdl _______________________________________________ Finale mailing list Finale@shsu.edu http://lists.shsu.edu/mailman/listinfo/finale
