Legal Question in Entertainment Law in Florida

Copyright Question

Hello, I'm looking for some advice. I am a recording artist, recently a member of my group was given a donation of money to help the group record material in a studio. The money was given to him, meaning the check was written out to him. To make a long story short, we are about half way through recording, spent about $2000. Things are not working out with this person, so he has been asked to leave the group. All the material and songs are written by me. Saddly they are not copywritten yet. If I pay for the rest of recording and copyright the songs before he does, can he still claim ownership of the songs?? Thank you so much for your help


Asked on 11/21/02, 10:01 pm

1 Answer from Attorneys

Laurie Anton Laurie H. Anton, Esquire

Re: Copyright Question

Dear Songwriter/Artist:

The songs that you have discussed in your inquiry are your compositions if all is as you have stated. Copyright Registration is not a first register first to own type of law. If you have fixed your work(s) in a tangible medium of expression, then under Section 17 United States Code, you are the author. The fact that your associate obtained financing for the project and now has been ousted, does not give him necessarily any rights to the songs, unless there is some agreement between you and he to provide those rights. I would suggest contacting an Entertainment/Copyright attorney. Check out www.easl.net to find someone in your area.

As a member of the Florida Bar's Entertainment, Arts, and Sports Law Executive Council I would highly recommend that you speak with someone from that Section. Good luck.

L. Anton

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Answered on 11/22/02, 11:54 am


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