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.


Asked on 11/08/03, 3:15 pm

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

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]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 11/10/03, 10:32 pm


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