Legal Question in Intellectual Property in West Virginia
If i was in a band in which I wrote all the song and the other members went and had my songs copyrighted in the bands name and i quit do they have to pay me for my songs?
1 Answer from Attorneys
If you can show that the songs are actually yours, AND you never signed a "work made for hire" agreement with your former band or any of its members, AND the copyright registrations were issued incorrectly based on someone telling the Copyright Office that the music was authored by them or that they had a valid transfer of copyright when neither of those is the case, you can probably go after the other members of your former band for copyright infringement. The Copyright Office would have to go after them for the fraud perpetrated on them by the wrong information submitted on the copyright registration.
I handle this sort of matter frequently. Feel free to give my office a call if I can be of help to you as you pursue your claim.
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