Legal Question in Entertainment Law in Florida

copyright claimant rights over author

Scenario:

Music was created by 2 authors (Me & an other musician). We have contributed to the nature of the work as ''musical arrangements'' stated in the copyright form

I am also stated as the copyright claimant on that copyright form.

Do I, the copy claimant, have more custody over the work compared to the other author? In turn, do I actually OWN this material as copyright claimant?

If that work was to played/represented by another person, other then me (claimant), will the other author need to give credit to, or get permission from me (the claimant) to play/record the work into mass publication? (radio, cd, etc.)

Overall, I would like to know what legal rights and actions do I have over the other authors as I am the copywrite claiment

If simpler terms can be used or examples of situations can be used (for example, playing the work live, mass producing it on CD, site credits) that would help better

Thank you


Asked on 8/14/06, 9:07 am

1 Answer from Attorneys
Steven Mark Steven Paul Mark, Attorney at Law

Re: copyright claimant rights over author

The Copyright Law and case law would likely view the two of you as joint owners if the intention at the time the work was created was to collaborate in creating the work. In the absence of an agreement between you, as joint owners each of you has the right to grant non-exclusive licenses to use the work. The fact that you completed the actual copyright application is not dispositive of your ownership or rights under copyright and does not make your position more favorable than the other author(s). As the ramifications of joint ownership do affect granting licenses, accounting and avoiding a devaluation of the copyright, among other considerations, you should try to come to an agreement with the other author(s). In any case, you may wish to consult an attorney experienced in copyright law to further advise you.

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Answered on 8/14/06, 12:52 pm


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