Legal Question in Entertainment Law in California

It depends. Whether you have the right to "stop" him from using these songs depends on whether there was a band agreement as to ownership of copyright and as to who wrote the composition of the song.

Absent any "band agreements", ownership of the band's "sound recordings" will likely depend on who is the author of these recordings. Typically the performers are the authors of the sound recordings, and it is likely that all of the band members in the performance are joint authors of this copyrighted material. If the sound recordings are jointly authored, any band member can license these recordings on a non-exclusive basis, so long as they pay the other co-authors their pro-rate share of earnings. (So in short as co-authors of the song, you might not be able to stop him from using the sound recording but he needs to give some a share of the money.)

Of course, it is still necessary to obtain permission from the copyright owners of the compositions of the song before releasing the recordings. If the song was co-written by the band, then again any band member also grant this permission.

If there is an agreement, you should review the agreement to see what your options are.

Goodluck.

Jim Betinol

Partner

Withrow and Betinol Law

www.wibelaw.com

E: [email protected]

P: 424.229.2560

F: 424.258.7001

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.