Song ownership questions

[SonorKen]

Ok, a friend of mine was in a band and left due to a conflict of personalities. He wrote 100% of the music for the band. Now they plan to play it all live and to actually record it.

What can be done in a situation like this? Thanks in advance Ken.

[Ned]

You neglect to say what the actual problem is. Does your friend not want this group to play his music? Does your friend want them to play it and also want to be reimbursed? ARE they reimbursing him? Does the group present the music as his? Does the group AGREE that the music is his? Did it occur to your friend when he was giving this group his music that he may not want to stay with it forever? Did he make it clear to them THEN that he wished them to continue to play it only while he remained a member?

Once a piece of music is published anyone can legally perform or record it, providing he pays royalties. Performance royalties are handled by organizations such as A.S.C.A.P. (the American Society of Composers, Authors, and Publishers) and B.M.I. (Broadcast Music, Incorporated, originally a scab organization). Legitimate live music venues are licensed by A.S.C.A.P. and B.M.I. and pay annual dues, and the money collected is then distributed to member composers according to performance surveys.

[kriswrite]

You will need the songwriter's permission. It's always a good idea to get this in writing. If he won't give you permission, then you can't use the material. Period.

Kristina
http://voicestudio.kristinaseleshanko.com

[SonorKen]

He wrote the music then left the band. They say they are going to use the music and he doesn't want them to. He has told them all that they cannot use the music. They told him that they were going to use it and he could try to stop them.

So, how does one go about actually stopping someone from using thier music?

[moaner]

He wrote the music then left the band. They say they are going to use the music and he doesn't want them to. He has told them all that they cannot use the music. They told him that they were going to use it and he could try to stop them.

So, how does one go about actually stopping someone from using thier music?

Its certaintly not easy. he can't really top them from using it live. He can, however, wiat for the release of the CD, then prove that he wrote the music (NOT easy), then probably settle it out of court, since the band probably want to go to court about as much as he does. He might ask for 50% of CD sales or something.

If, however, your friend doesn't want them to release the songs because he wants to, he's gonna have a tough time.

[ColdFire]

If you can seriously threaten to take them to court and file a suit most liekly they will cave and not play and record the songs provided you drop the suit. GET EVERYTHING IN WRITING!

[10571z]

well i think the best thing to do it for him to write out all the all they lyrics chords, riffs and everything into a book and send it to himself via registerd mail. He will get the mail back and will have dates on it such as 26 feb 2005. DO NOT OPEN THE LETTER!!! anyways when the band make the album on um 23 october 2005 he can prove that he wrote the songs or copyrighted them on 26 feb even if the band did write the song he still has the rights because the song are under his name and he copywrited them anyways tell him to do this anyway becuase it will help him in court

[SonorKen]

^^^^ That is exactly what he is doing. I guess they call it the "poor mans copyright".

[10571z]

well it works perfectly and he should have no trouble proving the songs are his even if it is poor

[Ned]

You will need the songwriter's permission. It's always a good idea to get this in writing. If he won't give you permission, then you can't use the material. Period.

Kristina
http://voicestudio.kristinaseleshanko.com

You can stop including your website address already. Advertisement is not allowed here.

[Ned]

well it works perfectly and he should have no trouble proving the songs are his even if it is poor

That's absurd.

[Ned]

He wrote the music then left the band. They say they are going to use the music and he doesn't want them to. He has told them all that they cannot use the music. They told him that they were going to use it and he could try to stop them.

So, how does one go about actually stopping someone from using thier music?

It sounds to me as if he did give them permission to play the music, at least tacitly, by teaching it to them, and then changed his mind after he got mad and quit the group, so the real question is whether he can withdraw his permission. I doubt it's quite that simple, however, because:

It also seems likely to me that the group disputes his claim that he composed all of the music. Otherwise they wouldn't be so intent on it. Since most rock groups arrange their own songs collectively (the drummer makes up his own drum part, the bass player makes up his own bass part, and so on), if this is a typical rock group he likely did not compose all of the music at least to this extent.

Generally, the way to stop someone from using your music is either a) don't give it to him in the first place or b) ASK him not to use it. Notice I said "ask"; I didn't say "threaten". When you threaten, you tend to back him into a corner and only make things worse for yourself.

As I said before, once music is published or a recording of it is commercially released, it is perfectly legal for anyone at all to perform it and record it as long as he pays royalties. The composer has no say whatsoever about the royalty rates.

[black_fire_137]

Also, in the states, as Ned has pointed out to me before, mailing a song to yourself is no longer a valid form of proof of ownership... I think I said that right...