Legal Question in Intellectual Property in California
Copyright
Dear Law Guru Lawyers-
I am actually an attorney and am a member of lawguru. However, I only know what I have been practicing for 24 years so I am asking a question. The facts are as follows: I have a friend who lives in Houston. He has written some song lyrics and the music associated with them. He wants to hire an ''independent contractor'' to perform the music. However, he wants to tie-up the independent contractor's ability to (1) play the music elsewhere; (2) publish it elsewhere; and (3) slightly modify the music and/or lyrics and then re-publish it as their own.
What does he need? Where can I get it? Is there someone that would like to be hired to do this? If so, please call me at 713-569-7144. Thank you very much!
(Please note that I put California as ya'll have a lot of Entertainers and because I had to select a state!
1 Answer from Attorneys
Re: Copyright
If your friend wrote the music and lyrics, then he owns the copyright outright. Performers do not own any part of the copyright in the music and lyrics. If anyone, including the performer, did any of the things you mention, it would be copyright infringement. Copyright infringement carries substantial statutory damages which do not require any proof of actual damages. As an attorney, you no doubt understand what a benefit that is.
What your friend would want is the rights to the performance, so there is no question later of what the performer expects in the way of payment. If there is a recording involved, then the rights should include rights to record the performance. Copyright in the recording is a separate copyright, which your friend would probably want to own.
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