Legal Question in Intellectual Property in New Jersey
My 15 year old son performed with a band. The performance was recorded and sold to me by the venue. My son posted 2 clips (which we own) on youtube in which HE performed with the band. The band is now saying he is not respecting the copyright of the song.....my question is -- since his performance is what is posted and since his image is on the clip, isnt he entitled to post this without breaking any copyright laws???
1 Answer from Attorneys
A lot depends on the agreements that he might have with the band and the agreements that the band had with the venue. Lacking anything to the contrary, it is the "author" of the work who has the right to copyright the work. Although the perfomance might be your son's, the "work" might be the video made of it. So, as the performer, he may not have the right to use the work, but he might have the right to prevent the band and the venue from using it either. Consult with a lawyer with whom you can discuss all the details for a more definitive opinion.
See also: http://info.corbettlaw.net/lawguru.htm
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