A legal question about copyright

R

Rock Star 87

New member
I just finished a song that I need to copyright, and here are the stats.

Tim wrote the song, and is the sole author and claimant on Form PA.
Tim also mixed down the music, and is given a claim to authorship on the Form SR.
Dustin authored the final song recording, using Tim's final mix of the music, and has a claim to authorship on the form SR.
Dana performed a part written by Dustin on the song, and is not an author on the Form SR, though he is a claimant.

In order to make Dana a claimant and not an author, I am under the impression that Dustin needs to have Dana sign a "written transfer of assignment", which I'm told by an attorney will cost $250 to write up. My question is,

1. In order for Dustin to distribute the sound recording freely, should he have Tim sign a written transfer of assignment.
2. Does anyone know where I can find a pre-written contract that I can tweak slightly for my own usage.

Any help is greatly appreciated. Thanks!
 
Rock Star 87 said:
No one has anything, at all?

This seems to be a complicated bind I've gotten myself into.
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The Copyright office has a FAQ that may help you. Your situation is complicated, and the Copyright office may spell it out more clearly.

http://www.copyright.gov/help/faq/

Hope that helps you at least some.
 
I've tried everything the copyright office has to offer, and I must say that my situation IS complicated. Maybe I should ask the simple question that if you wrote something, and someone else performed it, would you make them a claimant, and not an author?
 
Rock Star 87 said:
if you wrote something, and someone else performed it, would you make them a claimant, and not an author?
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Performed it or recorded it and is getting airplay or major sales?

If I wrote a song that my friend Beuford Cecil was playing down at the Holiday Inn, I wouldn't sweat it.
 
I meant somebody else performed it on a recording, I would have to set it up somehow on the registration, and I want to do it as fairly as possible.
 
Rock Star 87 said:
I just finished a song that I need to copyright, and here are the stats.

Tim wrote the song, and is the sole author and claimant on Form PA.
Tim also mixed down the music, and is given a claim to authorship on the Form SR.
Dustin authored the final song recording, using Tim's final mix of the music, and has a claim to authorship on the form SR.
Dana performed a part written by Dustin on the song, and is not an author on the Form SR, though he is a claimant.

Thanks!
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Bear in mind, you should probably consult a lawyer...but here's my input as I understand it.

From how I read this, (according to you first lines) Tim is the one and only owner of the copyright. He wrote it, recorded it and mixed it. Done deal.
What exactly did Dustin do if he was working with a final mix? Did he master it? If so, that does not give him claim to anything.
If Dana performed a part of the song that Dustin wrote (even though you said Tim wrote the song), then Dustin becomes a co-writer. It's a 50/50 deal - even if he only wrote one line or musical passage.

So now, Tim and Dustin are co-writers and Form PA should be made out as such. Form SR is for the actual arranged recording only and that should belong to whomever recorded the song (Tim?). Mastering, I don't believe, has any bearing on copyright.

And as for Dana..if he was only a performer, that's all he is. He has no claim on any part of the song or recording (unless it was stipulated as part of his payment). Why does he require being a claimant?

It seems you are saying two different things here as far as who wrote the song...so you have to straighten that out.

If the finished song is only for passing out at gigs or giving to friends, I think you're putting too much effort into this. If one or any of you want to do that, it could just be worked out among yourselves. If the final song will be for sale, or will be getting pitched, then legalities kick in moreso. Either way, the song belongs to the writers. All form SR will do is protect that particular recording and arrangement of the song. The songwriters can do whatever they want with the SONG as far as re-recording it differently or whatever. Look into publishing also if this is a serious endeavor.

Like I said, I don't know the laws and I won't claim to be correct. Just picked up a lot of info in my many years of dealing with this. Hope I was some help and didn't confuse the issue.
 
hey Rick, he mixed the music down, and gave me the instrumental mix as a wave, and I mixed the waiter sample at the beginning, and his vocals into the final mix.
 
RickW said:
And as for Dana..if he was only a performer, that's all he is. He has no claim on any part of the song or recording (unless it was stipulated as part of his payment). Why does he require being a claimant?
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Dana was never paid, he's my dad. If someone performs a part they didn't write on your song, don't they deserve a claim to the recording, seeing as how they're on it.
 
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