Legal Question in Entertainment Law in California
Copyright/Theft
An old friend contacted us out of the blue recently, saying he was now the owner of a multi-million dollar corporation, United Debt Holdings, LLC, in Denver, Colorado, and he offered to pay for the copyrights on my husbands music, and to produce his album. We sent him every single song he ever wrote, and now he will not return our calls or emails; what is worse, is that the assessors office in Denver shows someone else as owning his property.
I was there and witnessed my husbands excitement as they spoke of these arrangements over the phone; Is this a legally binding agreement since my husband sent the music as promised? What does he do now that his life's work is apparently being stolen from him?
3 Answers from Attorneys
Re: Copyright/Theft
Since I presume you kept a copy of everything, and you didn't say you signed anything, all you lost were some copies, right? Did you record a transfer of copyright with the US Copyright Office?
Re: Copyright/Theft
Unless your husband actually signed a document assigning the copyrights to your "friend", merely sending the songs doesn't transfer ownership.
If this "Friend" registers the copyrights in his own name, he's falsifying government documents.
If he uses or exploits the songs, he's infringing the copyrights.
Since your husband DID take action in reliance upon this guy's promises, there might be a contract claim, but the real teeth are in the FRAUD claim, since this guy lied about his ownership of the company....
Sounds like you need a lawyer.
Re: Copyright/Theft
I dont know what this person is doing, but if he produces your husband's music and tries to make money from it, you can sue him. I dont think most courts would find that he obtained copyrights to your husband's work without a written agreement and without having paid your husband anything. If you get more info and want help, contact me. Before doing anything with him, especially in writing, I would consult with a lawyer.
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