Legal Question in Entertainment Law in California

Music copyright

Hello - if a song is recorded by 2 people intending to release a CD - one of the people wrote the song - is the actual recorded version owned by both parties? Or does it need to be copyrighted as such?

Thanks


Asked on 5/21/07, 10:38 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Music copyright

You'd need to provide more information to get a solid answer.

Generally, there are two copyrights involved in a recording.

First, the songwriter owns the copyright to the 'musical composition' (the words, melody, etc.).

Second, is the 'Master Recording' (the embodiment of the composition in a machine-playable form). Ownership of master recordings typically belongs to the record label.

From the sound of things, though, there's no record label involved.

So, if you shared the expenses of recording, etc, then you'll probably be considered joint authors of the Master Recording.

Registration of copyright is evidence of the ownership of the work, but isn't dispositive... other evidence can outweigh the registration.

Feel free to phone my office for a more thorough evaluation and analysis.

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Answered on 5/21/07, 11:03 pm
Johm Smith tom's

Re: Music copyright

There are various rights mixed into your questions. We can assist you with your needs; this is more complex than you appear to realize from your question.

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Answered on 5/22/07, 12:33 am


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