Law School Discussion

copyright advice

HerculePoirot

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copyright advice
« on: June 07, 2007, 05:44:38 PM »
I know this board is for pre-law students who presumably have no legal experience, but what the heck.  I'm looking for some legal advice...

Here's my situation.  I broke up with my rock band a few weeks ago.  I heard news that they were creating a new record with changes to our previous material, so I sent them an email with a coule stipulations regarding the use of my music, like give me credit and what not.  They quickly responded and agreed to them.

But then I sent another email stating I believe it would be a good idea to write down music and lyric credits.  I included a list of the credits and asked them to respond if they agreed or thought changes had to be made.  No one responded to my message.

I called one guy and he said he didn't think they had to write the credits down and assured me they would give me credit.  But then I told him I still wanted him to look over the credits list and respond.  He told me "Yeah, I suppose I could do that". 

It's been a few days and no responses. I'm worried about not receiving credit, despite their verbal assurances .  I want something on paper.

So what do you think should I do?  I have been thinking about getting a lawyer.
 



Re: copyright advice
« Reply #1 on: June 07, 2007, 08:46:23 PM »
Consult with a lawyer.

conrad42

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Re: copyright advice
« Reply #2 on: June 07, 2007, 08:59:13 PM »
You could try asking at the following IP Forum - there's a few attorneys there that give some general advice.

http://www.intelproplaw.com/Forum/Forum.cgi

bamf

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Re: copyright advice
« Reply #3 on: June 07, 2007, 09:17:54 PM »
yeah um what are the chances that more than 100 people will ever see the liner notes to the album you are concerned about?

Re: copyright advice
« Reply #4 on: June 07, 2007, 09:27:09 PM »
until they actually infringe, does it matter?

Re: copyright advice
« Reply #5 on: June 07, 2007, 09:47:30 PM »
Obviously we can't give legal advice, but to discuss your situation in a sort of purely academic spirit, I would wonder whether your initial e-mail, being a genuine offer that you made and was accepted by the powers that be in the band, would be the prevailing agreement. That is of course, unless at some point significant money is involved, at which point you would both lawyer up and come to some agreement. I would also sort of wonder--again, in an academic spirit--whether, in the meantime, if they are really uncooperative, sending them your idea of music and lyric credits via certified mail would be of benefit to you. I've read that in some instances silence (their not responding) can indicate assent, but I have no idea whether or how it would apply here.

Re: copyright advice
« Reply #6 on: June 08, 2007, 10:52:32 AM »
An agreement to assign copyright has to be in a signed writing, per the statute's statutes of frauds provision.

I still think consulting the lawyer is a good idea.