Legal Question in Entertainment Law in Illinois

My father pasted away a few years ago, and left the rights to the songs h wrote to me and my brother. I intend on sending his music out in order to get a publishing deal. On his lyric sheet it say "Written by (His name)." How do I go about showing that he is deceased, and that my brother and I have the rights to the songs now? Should I put "In Care of (Our Names)?"


Asked on 12/07/09, 1:10 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

You need:

1. Death Certificate (to show he is deceased)

2. Recorded assignment of copyrights to you and your brother.

For an assignment, you might use one of the following:

1, An actual assignment of the rights prior to your father's death.(I take it you do not have this)

2. A court order transferring the rights to you (if the will was probated, this might exist.)

3. An assignment from the executor or administrator of your father's estate, on behalf of your father, to you

If this was just a verbal promise from your father, you will need to get the transfer documented so you have something to record at the copyright office. If the songs have not ever been registered with the copyright office, then you should apply for registration with your father as the author and you as the owner, by transfer from the author, and then record the transfer document.

If you need help with this, call and I can assist, not for free but rather for a fee, of course.

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Answered on 12/14/09, 8:51 am


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