Legal Question in Intellectual Property in Texas
publisher not performing ''implied duty''
A music publisher with whom I have a contract has done NOTHING to promote my work, although he has had the piece on the market for over two years. He has not even registered the copyright with the Library of Congress. I have contracted him, through a Virginia attorney, requesting that he return the copyright to me, ''in fairness to all parties''. There have been no responses to three letters.
There are also four other composers with whom I have talked who are most dissatisfied with this publisher, and would possibly like to request the same result.
This publisher has also made numerous promises which, while not in the actual contract, have not been carried out, and may constitute a failure to promote the piece I have written, as well as those of the other mentioned composers.
What I'm looking for is a little advice from a Texas attorney. Many thanks.
3 Answers from Attorneys
Re: publisher not performing ''implied duty''
Does the contract require him to take specific steps to promote your work? If so and he has breached this duty, you may have a breach of contract claim against him. Have you assigned the copyright of your work to him via this contract or otherwise? If not, and you are the author of the work, you likely still own the copyright and can register it yourself, unless prohibited by the contract or otherwise. Depending on what the termination terms of the contract is, you may be able to get out of it.
Re: publisher not performing ''implied duty''
You can always copyright your piece. Write to the Library of Congress/Copyright Office in Washington, D.C. for the forms and fee information. As to "implied duty", you'd have to look at the contract to see what they were supposed to do as a matter of contract. It may be a "breach of contract" situation.
Re: publisher not performing ''implied duty''
What does the contract say he is supposed to do?
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