Legal Question in Entertainment Law in California

Legal Rights of Music

I was in a band a few years back with some popularity. The band is no longer together and I noticed we are on Napster and other sites. There was no authorization from myself or my former bandmembers and they can/and are selling songs over the internet.

My question is ....... Can we sue??


Asked on 3/17/07, 2:25 pm

1 Answer from Attorneys
Deborah Barron Barron Law Corporation

Re: Legal Rights of Music

Did you copyright the music, either the songs or the entire CD? Did you publish the songs with BMI or ASCAP?

If no one else has published them or copyrighted them, you can still do so and you would have a better claim to ownership? Of course you can sue under true ownership rights, but it could be refuted if someone else has copyrighted or published the songs. You can send a cease and desist letter demanding they stop selling the songs, or demand they pay you as the rightful owner. I would send evidence of the publishing rights as well as the copyright with any demand.

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Answered on 3/17/07, 2:42 pm


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