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freddyfingers · May 5th, 2012, 09:03 AM

Hey guys and gals. I am in a bit of a bad mood. Back in October, I met with a harp player the wanted to form a blues band. he booked some time in a studio, where i met him, and a drummer i knew, a bassist and a keyboard player. We played about 4 songs, and, being in a studio, he recorded them. A few days later, he offered me a contract to record with him, and produce, and release my material. Short story long, after a lawyer looked over his contract, we were advised against it. We parted ways. I just found a link to one of his websites that has me listed as part of his band, and, he is selling the 4 songs we recorded. I never signed a release, and after hearing the recordings after we did them, I said I didn't like them and they needed to be scraped. So, do I have any recourse against this guy if he refuses to take down the website? I am pretty sure he isn't selling any, and its really not the money, its that I don't want to have this music out there, as I did not agree to it. Its Saturday, and I cant here back from the attorney that helped me back in October, as he is most likely on his yacht.

WATThouse · May 5th, 2012, 09:33 AM

I had a similar problem back in the 80s. I requested that my name be removed, don't use my name or that the group use a made up name for the guitar player. I've never had a problem after that.

freddyfingers · May 5th, 2012, 09:34 AM

They are using my playing, my lead locals. DO they have the right to sell it with out my permission?

coreyman97 · May 5th, 2012, 09:52 AM

I'm no lawyer but profiting from your work without your permission isn't legal.

montereyjack66 · May 5th, 2012, 10:01 AM

If he's not really profiting in any meaninful way, it may be better to just require your name be removed. Certainly cheaper.

On the other hand, we are in a different era now. There's a lot more compromise, freer thinking, prostitution, and cross referencing. IF you are ok with your performance, then this also serves as advertising for YOU, and your brand. A lot of muscians constantly srive for this sort of thing. Kinf of depends on you and what you seriously want to achieve.

On the other hand, you could resort to violence. But I ain't never seen no Gretsch in any prison movie.

mj

freddyfingers · May 5th, 2012, 11:40 AM

Regardless of my opinion on the tracks, I don think someone should be able to do this.. As far as my opinion, they were all one take, the harp player aka the guy that posted them, was very off, and reduced the overall performance sound of the recording. Anyway, it wasn't made to be a demo, it was a meeting of musicians. I would be happy to try and put them here if I can figure out how.

freddyfingers · May 5th, 2012, 11:43 AM

I cant seem to get them uploaded here, I got them in i tunes, in mp3 and wave

freddyfingers · May 5th, 2012, 11:45 AM

tryiong

DimeStoreRiot · May 5th, 2012, 11:53 AM

Hi, I'm a copyright lawyer (and not on my yacht). Absent some unusual circumstances (and your posts didn't indicate any), you and every other person who played on that track are co-owners of the copyright in that recording (this is distinct from the copyright in the underlying song, which is owned by whoever wrote the song).

Any co-owner of a copyright is free to exploit the copyrighted material in any manner they want, and they do not need the other owners' permission. So you have no legal means to force him to take down the songs.

BUT every co-owner is required to "account to" every other co-owner - this means that, although you can't stop him from selling the tracks, he is obligated to pay you your share of any money he makes - if he sells a track for $5.00, and five guys played on the recording, each gets $1.00.

In this case, it sounds like there is not going to be much money to share in any event. So you might just write the guy and demand an accounting of all his sales so far, and request monthly updates with your share of the monies. If he refuses, you could technically sue for the money, but more practically you could say "fine, if you won't abide by your legal requirements, then you need to take the songs down" (or at least take your name off). This might do the trick. It will work even better of you have your lawyer write a letter to the guy.

Good luck with it, HTH.

DimeStoreRiot · May 5th, 2012, 11:56 AM

By the way, the above is just some free off-the-cuff input as to how copyright law works generally. It is NOT official legal advice, nor am I your attorney in any fashion. There may be unique circumstances in your case of which I am not aware. Before taking any legal actions, you should consider consulting with an attorney you have retained. (sorry but I have to make all that very clear for ethical purposes).

freddyfingers · May 5th, 2012, 12:00 PM

Quote:

Originally Posted by DimeStoreRiot

By the way, the above is just some free off-the-cuff input as to how copyright law works generally. It is NOT official legal advice, nor am I your attorney in any fashion. There may be unique circumstances in your case of which I am not aware. Before taking any legal actions, you should consider consulting with an attorney you have retained. (sorry but I have to make all that very clear for ethical purposes).

That was fantastic!

freddyfingers · May 5th, 2012, 12:05 PM

Quote:

Originally Posted by DimeStoreRiot

Hi, I'm a copyright lawyer (and not on my yacht). Absent some unusual circumstances (and your posts didn't indicate any), you and every other person who played on that track are co-owners of the copyright in that recording (this is distinct from the copyright in the underlying song, which is owned by whoever wrote the song).

Any co-owner of a copyright is free to exploit the copyrighted material in any manner they want, and they do not need the other owners' permission. So you have no legal means to force him to take down the songs.

BUT every co-owner is required to "account to" every other co-owner - this means that, although you can't stop him from selling the tracks, he is obligated to pay you your share of any money he makes - if he sells a track for $5.00, and five guys played on the recording, each gets $1.00.

In this case, it sounds like there is not going to be much money to share in any event. So you might just write the guy and demand an accounting of all his sales so far, and request monthly updates with your share of the monies. If he refuses, you could technically sue for the money, but more practically you could say "fine, if you won't abide by your legal requirements, then you need to take the songs down" (or at least take your name off). This might do the trick. It will work even better of you have your lawyer write a letter to the guy.

Good luck with it, HTH.

Thank you very much. i know you are not in the business of giving it away. And I appreciate you input. It was eye opening. The party responsible says he will take it down, and I am watching to see if that happens. And I will follow up with the attorney I have on Monday. Thanks!

DimeStoreRiot · May 5th, 2012, 12:16 PM

My pleasure. Sounds like you'll be able to get this resolved pragmatically rather than legally, which is almost always a better, faster, and much cheaper solution.

freddyfingers · May 5th, 2012, 01:06 PM

Does pragmatically involve beatings? I hope not, he is 68, and wouldn't stand one too long.

DimeStoreRiot · May 5th, 2012, 05:06 PM

No comment.

By the way, Freddy, I just realized you're the guy that sold me the Morley ABY pedal a while back. Nice to "do business" with you again.

pilgrim · May 5th, 2012, 07:32 PM

In 1983 CBS used one of my copyrighted songs in one episode of a 1 hr. show. They also used the storyline of my song for that episode. I didn't see it but a guy in Jackson MS taped it and gave it to me. Long/Short 1 lawyer's letter with a copy of the copyright form and the tape. Lawyer was $100.00 6 months later I got 10K. But that was a fluke. I have found that most people who have nothing don't worry about copyrights, they figure they have nothing to lose. You might think about joining ASCP or BMI.

freddyfingers · May 5th, 2012, 07:38 PM

Quote:

Originally Posted by pilgrim

In 1983 CBS used one of my copyrighted songs in one episode of a 1 hr. show. They also used the storyline of my song for that episode. I didn't see it but a guy in Jackson MS taped it and gave it to me. Long/Short 1 lawyer's letter with a copy of the copyright form and the tape. Lawyer was $100.00 6 months later I got 10K. But that was a fluke. I have found that most people who have nothing don't worry about copyrights, they figure they have nothing to lose. You might think about joining ASCP or BMI.

I am BMI, but none of what i played that day was my originals. Perhaps my take on the covers we did. I am glad your story worked out. thats a big deal!

freddyfingers · May 5th, 2012, 07:38 PM

Quote:

Originally Posted by DimeStoreRiot

No comment.

By the way, Freddy, I just realized you're the guy that sold me the Morley ABY pedal a while back. Nice to "do business" with you again.

Likewise. I appreciate your time.

NWAttorney · May 5th, 2012, 08:19 PM

Quote:

Originally Posted by DimeStoreRiot

By the way, the above is just some free off-the-cuff input as to how copyright law works generally. It is NOT official legal advice, nor am I your attorney in any fashion. There may be unique circumstances in your case of which I am not aware. Before taking any legal actions, you should consider consulting with an attorney you have retained. (sorry but I have to make all that very clear for ethical purposes).

Nice

freddyfingers · May 5th, 2012, 08:26 PM

Fins to the left, fins to the right.......