Copyright Copyright Permission From Heirs Question

[simmonssam4444]

So, I am working for a non-profit organization that is starting up a record label that will release field recordings and heritage music. We have an artist agreement which allows us to license and use all Sound Recording and Musical Composition rights to the materials we collect. It is an exclusive license. Anyways, we are working on releasing materials by a fiddler who died without a will in 1964 and left 8 children and a wife who is no longer living. Currently he has four surviving daughters, three deceased sons, and one deceased daughter. From what I understand about Tennessee intestate law and per stirpes, the rights are divided amongst the fiddler's children and then if that child dies those fractions are further divided to the grandchildren and the child's spouse. So, to get permission, we have to get signatures from each living daughter and then signatures from each son's children and surviving widow?

MAIN PROBLEM: We recently learned that the fiddler had a daughter who passed when she was 23. My initial research into Tennessee intestate law has lead me to believe that the deceased daughter still received a fraction (1/8) of the copyright when fiddler died, and that fraction automatically went to her daughter(fiddler's granddaughter). Since the granddaughter is no longer living, does that mean the 1/8 fraction has now been passed onto the granddaughter's 6 or so children? The problem is that nobody else in the fiddler's family knows anything about this other granddaughter or her six children. Do we absolutely have to track down the six great grand kids and get their permission in order to release the fiddler's materials? They probably don't even know who their great grandfather is. Could we just set aside an escrow account to collect whatever royalties they may claim if one of the six kids comes out of the woodwork(1/8 of the 50% of net profits that goes to the artist)?

Here's another take on this problem: Would it be possible for one of the family members to become some sort of personal representative of the family estate? That would be much easier than having to get signatures from everybody we have contact with, not to mention the heirs we have no contact with.

Thanks

 

[army judge]

Living and known heirs must be dealt with as you suggest.

The missing and unknown heir, an escrow account woud work.

These days with the economy dying, nd the music business ailing, I don't see a bonanza coming your way, do you?

This seems more for archival and historical purposes than profit.

 

[simmonssam4444]

Thanks for the response army judge. Your signature reminds me, we do have a pro bono music industry attorney that I can contact but our correspondence is limited and I want to do initial research into ways to solve this problem. I think the escrow account is the best way to do this. I just wasn't sure whether the heirs could legally license us the materials without that fraction. For example, the agreement gives us rights to collect royalties for Musical Compositions(as a publishing company), and other musicians have already recorded tunes that the fiddler wrote. So we want to be certain that we have the right to demand royalties and such in those cases or future instances where we will publish the artists work.

 

[army judge]

Thanks for the response army judge. Your signature reminds me, we do have a pro bono music industry attorney that I can contact but our correspondence is limited and I want to do initial research into ways to solve this problem. I think the escrow account is the best way to do this. I just wasn't sure whether the heirs could legally license us the materials without that fraction. For example, the agreement gives us rights to collect royalties for Musical Compositions(as a publishing company), and other musicians have already recorded tunes that the fiddler wrote. So we want to be certain that we have the right to demand royalties and such in those cases or future instances where we will publish the artists work.

If being sued alerts your "Spidey" senses, this might be a time to contact that attorney.

It is much easier to prevent an error, than defend against one.

Your legal reasoning is sound, but you're wise to worry about strangers appearing after the fact demanding tribute.

An ounce of prevention is worth a pound of cure.

The best advice is what we learned as five year old children, if you fear it, just don't do it!

 

[Unregistered]

I don't even know what to say, this made things so much esaier!

 

[Unregistered]

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[Unregistered]

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