Legal Question in Legal Ethics in New York
Disabled company
I just became disabled last year. I wrote music for
movies and television. I have been looking through old
dat tapes with songs I never used on them. There
could be hundreds of these unused songs I never
thought were quite right. I wanted to know If it is
unethical for my husband to start a company to sell my
old songs.
1 Answer from Attorneys
Re: Disabled company
An interesting question regarding the ownership rights to certain intellectual property. The answer turns on a fact-specific analysis. In short, however, the answer turns on whether you were considered a "work for hire," in which the intellectual property ownership belongs to your employer or other entity that contracted for your work (such as a movie or television co.) or whether you retained ownership and merely gave license to the movie or TV co.
It would take some legal & factual analysis in order to render a formal opinion.
-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]
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