Legal Question in Intellectual Property in Connecticut

Re: Music Copyright

If the band ultimately signed to an English record company where English law applied it might be useful for you to know the English law position.

Assuming the band does not have a recording contract with a record company or a publishing agreement, as there is no comprehensive registration system in the UK it would be highly relevant whether any of the songs on which your pieces appear have been taped. If they had not the subsequent recording of the songs by the band after your �retirement� would bring the pieces into copyright ownership. If the pieces were original work to you then they would be your copyright. However, there would be a significant evidential problem if there had been no prior recording, to show whether they were your composition or not.

You should have somebody record on tape a performance on which you appear and play the drum pieces. Permission for the recording must be obtained from the other band members of course.

Assuming the drum parts qualified for copyright protection as music you would be treated as joint composer of the music on the songs. As joint composer your licence would be required both in order for the music to be performed and for recordings. If the band subsequently entered into a relationship with a record company it is likely that they would assign some or all these rights to the record company or the music publisher. You should monitor this and inform any record company that they sign too.

If you feel that it is likely that performances based on your contribution to the songs will take place in return for money it may be worth registering with one of the Collecting societies,eg Harry Fox ASCAP, if you have not already.

Similar considerations apply in respect to the release of the records.

It is unlawful to record a performance without the written consent of the performer. If your actual performance of the drum pieces appeared on the bands records then you may be entitled to damages and �fair remuneration� under European law for the limited property rights European law recognises in a performance.

Generally however if you are a US resident and your rights are infringed in the UK or most European countries, those countries will apply US copyright law in determining ownership.

In summary, unless the US law position conflicts, we would strongly recommend that a recording is made so that you have some evidence of your drum composition in the band�s songs. Second, register yourself with the main collecting societies who will collect royalties for you in the future, if you are excluded from the band and, they subsequently go on to perform and sell records of the music you have helped compose.

RICHARD HOWARD & CO

LONDON, ENGLAND

[email protected]