Legal Question in Intellectual Property in California

I am writing many songs these days about three and day and I have a couple questions.

For some of them I write some of the lyrics and all of the music then write the rest of the lyrics in the studio.

Often times I will improvise verses with someone in the studio, (engineers, producers, musician ect.) just to bounce ideas off of. They do not write any of the tune, they're are simply present as I write them.

My question is: Are they entitled to a portion of the song's creative writes? They did write a note, or a word, but they are being bounced off of while I do the writing and this absolutely helps in the creative process. Does this presence count for something?

Question two has to do with the copyright itself.

When I create intellectual property, such as a song, I am the owner of the copyright as they say,"from the moment of its conception" so do I need to file an actual copyright at Washington, or can I just email it so myself and some friends as prof of when it was written? Will this stand up as prof in a court of law?

Obviously I will not receive royalties on it (from ASCAP or BMI) but what I'm looking for is just a temporary way so to insure a legal remedy if say it is pilfered, until I file the real copyright.

It might be a silly question.

Thanks


Asked on 11/16/11, 4:14 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

1. Make every effort to write the lyrics yourself. Do not credit others unless they wrote the lyrics, or you have a compelling reason to do so.

2. Mail them to yourself by registered mail.

3. Also register them with the copyright office.

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Answered on 11/16/11, 5:02 pm
Rob Reed Law Office of Robert A. Reed

There is always risk in the scenario you presented... I would collaborate with others in a give and take manner (i.e., you run stuff by them and they run their stuff by you). So, there is a mutual understanding of what is going on... if you write the next #1 hit song that is making you millions, though, and your buddy was in the room and said "you should use lover instead of fighter in that verse," you might have a problem. Just saying.

When you create something in tangible form, it automatically is copyrighted per the law. This being said, for an increase in potential damages and, more importantly, for matters of proof, you should register for a copyright.

If you need help in this regard, feel free to contact me...

Rob

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Answered on 11/16/11, 5:25 pm


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