Legal Issues

  • Thread starter Thread starter Slackmaster2K
  • Start date Start date
So it would be up to the label Dragon Claws to provide a contract stating that the recording artist(s) (and list the name(s)), will recieve radio royalties from ASCAP, BMI, or SESAC for (insert song name here). Also stating specificly to where or who the bill paying and profits will be going afterwards.

What we have to decide is who's gonna collect the money and where it will go when profit is finally made.
 
Of course thats an issue! They are all issues. Technically, I bet there is no possible legal,moral, "make every body happy", way of producing this cd. I don't know about copyrights or royalties.
I'm gonna send a copyrighted song. This means I have the copy rights. Whoever makes/distributes the cd will be responsible for that. This is why, legally, I bet the only way to go is for everyone to sign either a waiver or a contract.
Send me all your copyrighted songs. Ain't no wayyyy I'm gonna compile them and sell them without written consent. Don't wanna get sued
. I am not saying this because I am worried about my silly little song (Kicks ass!), I am saying this because I think there is one thing that I know.
---You don't know the correct way to compile an album---
and---I don't know the correct way to complie an album---
Somebody's gonna be open to gettin screwed unless we simply ask someone who knows. A lawyer, or someone who has done one of these right.
Ramblings of a madman,
RJ
 
I hate to be the contrarian in every situation, but from my own experience at worrying about labels and such, I pretty much found out that all that stuff is bull. The more you involve yourself in it, the less focus there is on what is important: music. Put some legalese garbage in the thing saying we all have copyrights, and that people need to contact the artist before pursuing any sort of play outide of the album itself for home use, and then I think that covers it. Whenever you create something, you already have the copyright on it. If you want to prove it in court someday, just have a copy of your song on tape that you mailed to yourself at such and such date. That way, you have a postage date on it, and that's good enough for me.

I guess I'm too DIY. I tried to start my own label before, and realized that it was not worth it. What I really wanted, I found out, was a distributorship. I mean, really, what was I going to do? Sign myself? Give myself an advance?

What I found out that I needed was the ability to call up every Disc Jockey in the country, and get my record in their store, or just set up a website to sell my stuff from. I guess when you make weird-ass music, you don't expect people to play it on air anyway, and since I've always copied albums from friends, I figure everyone else will do the same. If I make enough money someday to make music, and nto have another job, I'm cool. That's all I need. I see this compilation as a way to get my music heard a bit around the world. Name recognition, nothing else, really. If it falls into the hands of someone who wants to make a movie with it, let them call me. No problems. Keep it simple, fellows, and everything will be right-o.

DaveX
 
That type of mantality is what gets you screwed. By the way, the "poor man's copyright" doesn't stand-up worth sh*t in court.
 
I don't give a shit about copyrights either... If someone wants to steal one of my songs, they have their work cut out for 'em... I'd be interested to hear it.
 
I can only imagine. But once we're done with this compilation, I'll be able to hear.
 
If you copyright your music YOU ARE PROTECTED. It only costs $30 guys, it's no big deal. Fill out the form, sign your check and send it to the Feds...YOU ARE NOW PROTECTED! Let's make this easier still on everyone...

Let's write out a contract that says:

1. We agree to be on this thing. In other words, I give my permission to include my recording.
2. Just because we're on this compilation doesn't mean that we give up any rights to our contribution.
3. I can ask to be taken off future copies.
4. I can pursue other interests without being bound exclusively to this agreement.
5. I own whatever I contribute (assuming you do, if you don't you probably shouldn't be on it).

Send a copy to everyone who is going to be on this thing. Those who sign it and send it back by a deadline are on the disc, those who don't, won't.

If one of us makes it big time, I'm sure our Rolex wearin' lawyer will be able to get us out of this none-exclusive agreement.
 
It's that kind of mentality that desires trust, instead of lawyers. If none of us want to hurt each other, and we use common sense, nobody is going to do anything dumb like run off with all the songs and make big hits out of them.

Frankly, it would be egotistical of me to think that even I could make hits out of my own stuff...

It's called trust. I trust nobody will be too lame about this whole thing. I trust that being on a home recording BBS compilation will not end my fantastic career as a hack with Radio Shack equipment and one self-made album currently on sale in the local pawn shop.

However, like I said before, give it the appearance of being all legal, etc... throw in that clause on the album where it says interested parties have to call us.. include our contact info. That's good sense. Lawyers and $30 copyrights for songs which may end up just among people of this site ANYWAY... well that sounds a bit wild for me. I'm interested in hearing your music, and having you hear mine. I'm not interested in stealing it, or awaiting the day that French movie producers approach me for the rights. I think we need to keep all that in mind.

DaveX
 
Ok guys,

The issue here isn't really individual copyright. It's implied that all of our material is copyright...I have no idea who really sent the forms in and who didn't, but I'm going to assume that everyone did.

That's not the issue. The issues are:

1) My material is copyright. Therefore you cannot make copies of it, even if you're the guy making the CD, unless I state in writing that it's ok.

2) Since I'm going to state, in writing, that so and so can make copies of my song and distribute them...I would like some sort of guidelines. How many copies can be made, over what time period (if applicable), where the profits (if any) go, etc...

This isn't a matter of someone stealing your material...it's a matter of someone making copies of your material. And it's a big issue with the guy who's going to be burning copies...if I were him I'd want some consent.

It would be nice to trust everyone on the BBS and for the most part I do. But we should at least take the minimum in precautions as it's probably not too difficult.

Slackmaster 2000
 
Remember the difference between PA and SR. The issue here is strictly SR. If you don't want to do PA on your own, that's your decision (mine are both already done from previous CDs).

If you don't want to SR it, then I guess you don't want any benifits (royalties or recognition) if someone wants to (not steals) play your song on the radio.

The other part is what Slackmaster2K said about regarding CDs being duplicated; even by who we authorize.
 
Also, remember that anyone can make copies legally without permission from those who hold the SR rights as long as no money is made from those copies. Obviously if it was even publicly-open that copies were being mass produced, it would still make you suspicious.
 
How about this, then? :::

The person who is burning these receives consent forms of some sort from people are they send him their material for inclusion on the compilation.

These consent forms state that the artist agrees to allow duplication of their material for inclusion on the compilation CD "X" for the period of 1 year, after which they can withdraw their material from said album if they so desire. After one year, artists may choose to have their song removed from the compilation's further pressings, however, all albums pressed prior to the one year time limit may be sold AS IS. (meaning that the artists song will still be there)

The consent form will also implicitly state that no duplication of the artist's song into any other form (besides that which is necessary to the production of the compilation album) shall be made at any time without the written consent of the artist. This provision has no time limit. Therefore, an artist's song cannot be included on future compilations, french movie soundtracks, or Burger King commercials without the knowledge and written consent of the artist.

:::

Dragon: I believe that if you have these terms written up in legal manner, and posted to this BBS for download and viewing, that the artists could print them up, sign them, and send them in with their music. Couldn't be too tough, right?

DaveX, *poised for greatness* http://www.angelfire.com/il/davexpooh
 
Sounds good to me.

The "rolex wearin' lawyer" thing was just a joke, that should have been apparent.
 
Well, now we're getting somewhere.

:::

Dragon-- I wanted to post something in the Dragon Cave, under the guitar solo thread, but something has been "up" with the BBS lately... things not showing up, etc... I wanted to tell the Les Claypool fans that he is listed on an Yngwie Malmsteen album as "Lester Claypool, Engineer"... interesting, eh?

DaveX
 
Why not just a one time set amount of how many times the entire compilation can be
duplicated? And if we need me duplicaied, we can all authorize it, then. But
remember, a consent form regarding duplication won't mean anything in a court if you
don't register an SR copyright to The Library of Congress for your song. If nothing
else, the entire compilation CD needs to have an SR copyright on it (but a record
label must be made to do that) with a contract stating you will recieve all SR
copyright royalties or any money made through the SR copyright (such as the record
label sueing others for SR copyright infringemet) for your song even though the
record label owns the rights for the royalties because they have the SR copyright.

It's like the contract voids the SR copyright for YOU ONLY. So if someone else
violates the SR copyright, then the record label will have the right to sue. However,
all money made from your song by the SR copyright goes to you.

See how complicated it all is if you don't do it all yourself? Nevertheless, no matter
what (with or without taking care of yourself) a record label needs to own an SR
copyright (legally through The Library of Congress) for the compilation CD as a
whole in order to protect from unauthorized duplication; and to even protect itself.
Anything that's not legally registered to The Library of Congress can be copywritten
by anyone. Then, they've got you for more money because they will probably sue
you for not having legal written consent from to duplicate the CD.
 
Hey Slackboss
We have done several of these compilation cd's at that OTHER site. I was responsible for the first one of the series(over 2 years ago). I wont mention any names as Im not trying to cut your grass, so to speak.What we did was to leave copyrighting to each individual contributor. THEN after a visit to a legal buddie, we basicly wrote up a contract with big words like INTELLECTUAL PROPERTIES, and by way of submitting a song, you have infact become a shareholder in the RECORD COMPANY thereby drasticly reducing any incentive to sue as you'd be suing yourself. Also if you have a legal copyright to your song, at this level, it would be to your advantage to have some one STEAL your song. Especially someone famous. Anyhow if you want. email me and Ill send you a copy of the contract we used. We have made several cd's since including an XMAS cd and have basically dispenced with the legalities as a legal copyright is all you really need to protect yourself if you are worried. I love this stuff and would be very interested in buying a copy(so I can steal your songs)hahahahahahah
Later
Percy
 
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