copyright question

C

cloudchamber

New member
first a little background:

A rapper approached me and asked me if he could use my beats for a show he was doing at a club. I said fine, but it would cost him a few bucks. One of the things we decided to do was make a CD single with two of the songs that he was performing at the show. So he came into the studio and recorded some verses on two tracks which I made into a packaged single complete with art-work. The money for the single came from both of us, I paid about 55% and he paid 45 % of the initial cost.
Well, the night of the show came, and before the show I gave him 45 % of the CDs to sell. His perfomance was a hit. The CDs were selling great. They sold so well, in fact, that he (having the smaller portion) ran out first. He approached me and said "man, give me more CDs--I'm all out." I replied that he could buy some from me at half price (which is basically at cost) if he wanted more. He got all upset and started getting pissed and saying I was trying to screw him. He kept complaining, so I just took my CDs and left.
This guy has been difficult to work with from day one, and I have reached the point where I don't want to work with him anymore. I dont need him for my success, so I am cutting him loose.

This is my question:

There was no paper work signed between us regarding the recordings or the CDs. Can I continue to sell the CDs I recorded, produced, and printed without this artist?

what should I do?

Matt
 
wow.....what a question......Hey Cloud it sounds to me like your the talent not him.........There are many rappers out there and to few hot beat makers..........The song or melody is what gets the fans attention, so it shouldn't be difficult for you to replace him......As far as working with this individual...I agree with you about cutting him loose.....probably save you from alotta headaches......As far as the legalities though...its pretty tough.........You could pretty much do what ever ya want since there was no written contract...but it might be a little doosh if ya no what I mean...Legally its a he said - she said battle if he ever came at you and he most likely doesn't have the contacts nor the money to file suit against you....There is no question that you own the SR copyright....thats a given in this case....Send it to the LOC........but he owns a portion of the writers share.....

My suggestion is this:

You did 90% of the work on this project.....contact this kid and tell him your interested in selling more of the CD and you will give a cut of 10% of the profit. If he agree's draft up a sentence or 3 and have him sign it.......

If this kid is smart....he will sign it...as what you are offering is free publicity for an artist who would otherwise recieve none....not to mention the person who helped him have any success is you and now your out of the picture....this cats gonna need more publicity than ever to get in the door somewhere else....



My other suggestion is this:

Find someone else that you get along with and can have a long term business relation with...Have this person record new vocals to your tracks
 
gec:
I think we are on the same wavelength. I was thinking about doing your first suggestion.
1. Do I have to get him to terminate his rights in exchange for a royalty?
2. What if he refuses to accept?
3. Can I register the SR without his consent?
4. What good is a SR copyright as a producer if I don't have 100 % of the underlying songwriting copyright?

BrettB:
No, I have not registered the copyright...but i can prove when I made the recordings.
 
whats up cloud

1. He wouldn't really be terminating his rights....its just an understanding that you would be paying hime 10% for his contribution to the work.

2. If he refuses to accept......ummmm.... e-mail me for that one... graham2@cox.net

3. Yeah you can register the SR....

4. SR would be good for you as a producer to display as material you have worked on and own...the legality question comes in when you start selling the cd....if you use it for promotional use your free & clear to do with what ever you want...
 
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