Legal Question in Intellectual Property in Oklahoma
song copyrights when a member leaves the band
What if the singer/co-writer of a song quits the band after the song has been recorded? Also, one of the guitarists/co-writers that recorded on the song has quit. Do the two remaining members/co-writers maintain legal ownership of the song or are the ex-members entitled to part ownership? Do the remaining members own all of the songs recorded by the band?
2 Answers from Attorneys
Re: song copyrights when a member leaves the band
The only thing that I would add to the music law 101 lesson is that the remaining band members may want to execute a buy-out/purchase/licensing agreement with the departing members to purchase their rights to all songs that they may claim rights to. Consolidation of the rights to the song now will prevent headaches later.
Re: song copyrights when a member leaves the band
This is one where common sense and the law tend to correspond. What do you think, dude? Unless you have an agreement with them to the contrary, if they co-wrote the song and recorded it, they own a portion of the song and the recording. If there are other songs and recordings by the band that they weren't involved with then, absent an agreement to the contrary, they have no part of that stuff. That's music law 101.
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