recording rights

Subject: recording rights
From: Gypsy
Date: 13 Dec 04 - 10:30 PM

Well, here goes. Last summer, a new studio offered to make us a new demo cd, at no charge. The deal was, we would promote each other. Both the groups name, and studio name, with contact for both would be on the cd. When the studio suggested that we sell this cd, we opted to not have it for sale, since it was only intended for demo. Not up to the quality that we felt we could sell. Well, all seemed to be copacetic, until the most recent email. We are now being told, that if studio wants to sell cd, it can. With no permission or input from us. Adding of course, that we could do the same thing. Sigh. this is a SMALL town. Any thoughts on the matter?

Subject: RE: recording rights
From: dick greenhaus
Date: 13 Dec 04 - 10:36 PM

verbal contracts aren't worth the paper they're written on--
                                                       Sam Goldwyn

Subject: RE: recording rights
From: Peace
Date: 13 Dec 04 - 10:42 PM

Did you sign anything? Enter into any agreements?

Subject: RE: recording rights
From: Richard Bridge
Date: 14 Dec 04 - 04:40 PM

Jurisdiction?   ALL IMPORTANT.

Subject: RE: recording rights
From: PennyBlack
Date: 14 Dec 04 - 07:44 PM

If you are in the UK did you register the CD with MCPS?

This would be a legal requirement prior to pressing/burning the CDs.

Were they your songs?

With more details it would be possible to offer some help - but although you have "Performance" copyright - that might be all you have.



PB

Subject: RE: recording rights
From: Gypsy
Date: 14 Dec 04 - 10:35 PM

Nope, nope, and nope. public domain tunes. this was the most casual of arrangements......or so we thought. We could care less if the guy flogs them, but since our name is on it......have grave reservations about him selling a 15 minute demo for 8$US. So, where do i go to research about simple contracts, etc, for the next time round? Not with this place, but another......just learning about this stuff, obviously, and need to get on the ball and learn all about it. If anyone could point me in the right direction......thanks ever so much, all. At least we are learning on something relatively inconsequential! Would hate to be learning on a retail item

Subject: RE: recording rights
From: Ross
Date: 15 Dec 04 - 03:40 AM

Any publicity is supposed to be good publicity?

Perhaps it will be the start of your folklore

Subject: RE: recording rights
From: pavane
Date: 15 Dec 04 - 04:59 AM

'No publiciy is bad publicity'

I think one Mr Ratner may disagree.

Subject: RE: recording rights
From: PennyBlack
Date: 15 Dec 04 - 02:29 PM

very true Pavane (do you want to buy any shares?)

Gypsy - here in the UK the musicians Union is a good place to start and maybe membership of a similar group in your homeland might be a good idea. the MU offer copies of contracts for various situations including gigs, recording etc. they also give members "free" public liability (£10,000.00 $19428.00)and legal advice and support. Well worth the £1.00 ($1.94) ish a week.

PB

Subject: RE: recording rights
From: Richard Bridge
Date: 15 Dec 04 - 03:55 PM

In the USA you do nto ahve performers rights as signtories to the ROme PHonograms COnvention know them, so it is probably a simple contract issue. If however you arranged the PD tunes you may have rights ofthe nature of copyright. I think you need the AFofM.

Subject: RE: recording rights
From: Gypsy
Date: 15 Dec 04 - 09:41 PM

i'm REALLY green, whatz AF of M? Sounds like the direction i need to research in.

Subject: RE: recording rights
From: Richard Bridge
Date: 16 Dec 04 - 07:23 PM

American Federation of Musicians

Subject: RE: recording rights
From: Jimmy Twitcher
Date: 16 Dec 04 - 08:44 PM

The studio *PROBABLY* doesn't have the right to sell the CD, but that depends on what your intent was when you entered into the contract (as determined by the court or finder of fact). BUT, assuming you're in the States (and further assuming that your state's civil procedure is similar to mine), to stop him you must: 1) send a "cease and desist" letter; 2) file a petition for a Temporary Restraining Order and Preliminary Injunction/Perminant Injunction, and then convince a court that your interpretation of the oral contract you entered into should be interpreted as you wish.

To do this, you'll almost certainly need a lawyer who knows what he/she's doing, as the whole process can be very expensive. You have to ask yourself if its worth the money to pursue. See a lawyer who practices "IP" (intellectual property) law for more advise. While IAAL, I don't practice in IP.

An all due respect to Mr. Goldwyn, oral contracts ARE valid and enforcable, so be careful.

Subject: RE: recording rights
From: Gypsy
Date: 16 Dec 04 - 10:44 PM

Richard, thanks for spelling it out for me. Will check out soonest. Shanty Filker, thanks for the advice..........not gonna sue, more of a case of: just how badly did we screw up? What are the REAL rights of the matter? And lets be glad that it is over a DEMO cd, and not something that we are trying to sell ourselves! Would rather practice on this, than the latter. Everyone, thank you so much for the advice, and your time on this.