Who is the copyright owner / author of sound recording?

[Robin Henkel]

Who is the copyright owner / author of performance, sound recording?

I am an independent recording artist. I have questions about filling out the forms for copyright registration for a CD I just produced. I want to copyright some of the music on on this CD and the CD as a whole. Included on this CD is 1) two songs composed by me, 2) two songs composed by me and a co-writer, and 3) several other songs owned by other publishers and used by permission--mechanical license paid through Harry Fox.

Question one. I paid three musicians to play in the recording of this CD. I also paid for the recording sessions. There was no written agreement. Do I own their performances with respect to copyrighting the Sound Recording in my name? Or do I need to have them sign an agreement to transfer their performance to me? Or include them as copyright owners on the SR form?

Question two. One of the musicians and I composed two songs together which were included on the CD. It is our understanding that we are co-authors and co-owners of these songs. Do we both share in the copyright ownership of the sound recording, or do I own it because of paying him for the recording sessions.

There is no disagreement between us. We just need to know.

Thank you for any input you can give.

Also, is there another forum that would be a good place to post these kinds of questions?

Respectfully

Robin Henkel
G4 AGP 350 accelerated to 1400, Audio Desk, OS 9.2.2

[soundeziner]

It all depends on what was agreed to and is documented. ALWAYS bear in mind that copyright filing and ownership boils down to this; first come is first served.

[Kubi]

Question one. I paid three musicians to play in the recording of this CD. I also paid for the recording sessions. There was no written agreement. Do I own their performances with respect to copyrighting the Sound Recording in my name? Or do I need to have them sign an agreement to transfer their performance to me? Or include them as copyright owners on the SR form?

It doesn't matter whether or not you paid them, you need an agreement between you and the musicians to either transfer the rights to their performance to you, or else you need to list them as copyright co-holders and consult them on everything you want to do with these tracks, now and in the future. Such an agreement should be in writing, though in theory, oral agreements are just as binding (just ask Kim Basinger.) But they're a bitch to prove...

Question two. One of the musicians and I composed two songs together which were included on the CD. It is our understanding that we are co-authors and co-owners of these songs. Do we both share in the copyright ownership of the sound recording, or do I own it because of paying him for the recording sessions.

Writing the track has nothing to do with the ownership of the sound recording. You share ownership of the composition, and while the split is up to negotiation, it is usually assumed to be 50-50. The ownership of the sound recording at first automatically goes to whoever plays; if everyone who plays chooses to transfer this ownership, it goes to whomever they transferred it to (you, or a label, etc.)

Re. soundeziner, if someone files a copyright before you, even though it should rightfully belong to you, that doesn't mean they now own it. It just means you'd have a major legal mess on your hands.

Do get a lawyer with experience in copyright. Good place to start in California is The California Lawyers for the Arts.

Also, all major music organizations offer copyright pamphlets, courses, workshops etc. Check out websites of ASCAP, BMI, etc. etc.

Finally, read some basic music biz books, i.e. Donald Passman's "All you need to know about the Music Business" (Simon & Schuster), or "Music Money and Success" by Jeffrey and Todd Brabec (Schirmer Trade Books)

[soundeziner]

Re. soundeziner, if someone files a copyright before you, even though it should rightfully belong to you, that doesn't mean they now own it. It just means you'd have a major legal mess on your hands.

The proof is in the proof because 'rightful' isn't always mightful. And yes, they would 'own' it until it can be proven an illegitiamte claim otherwise. Courts start with who filed the proper paerwork when and the rest is a very tough row to hoe. Doable yes but at a horrendous cost/effort. The rest of your advice is spot on.