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MUSIC LAW?

Discussion in 'Copyright, Trademark, Patent Law' started by kiki Elov, Jul 14, 2020.

  1. kiki Elov

    kiki Elov Law Topic Starter New Member

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    Jurisdiction:
    North Carolina
    Basically we have a music consultant that is going rogue. We,unfortunately, trusted our friendship with this person who claimed he didn't want any compensation, so there is no work for hire agreement. We have signed a split agreement with the producers, song writer and the artists. The agreement also states that the consultant is not apart of any earnings despite his attacking and wanting royalties. He claims he wrote some of the song and lyrics, which is not true. He provided a space and consultanting, the equipment used was also not his but that of one of the producers. We gave him the option to a small portion of royalities but he refused it each time. We also even offered a buyout and it was refused again. He was expecting to make the same amount as the artists who fully created the song with the producers.



    We were just curious what he could do if we release the song after ignoring his pleas since he delayed release and refuses to sign anything.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    He could sue you. He could do nothing. He could throw an egg at your house. This list goes on and on and will really do you no good at all for any of us to make more things up to add to the list.

    Should he sue, be prepared to defend yourself from whatever accusation he may make.
     
  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Do you think that an agreement between you and others has any bearing on a third party that has nothing to do with the agreement?
     
  4. flyingron

    flyingron Well-Known Member

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    If he contributed to the song, he certainly make a claim to it. Copyright law is on the side of the person who actually made the creative part. It takes a very explicit situation to imply work for hire. You'd have either had to have an explicit agreement or he'd have to be a full up employee of yours.

    You'd need to see an attorney to see if his claims have merit. Just because he provided you use of the studio and equipment doesn't mean he "created" anything. He'd have to have been involved somehow in the actual artistic aspect of the lyrics or music.
     
  5. zddoodah

    zddoodah Well-Known Member

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    You didn't give us any background about the situation (you keep referring to "we," but you appear not to be a producer, songwriter or artist, so it's unclear what your role is), but I would hope the answer is obvious: he could sue you (as well as various and assorted non-legal thing). If you want to provide some background, you'll get more useful responses. I suggest something like the following: I play contrabassoon. I got together with some other musicians and formed a band to play Dutch polka music. We became acquainted with a person (the consultant) and we eventually agreed that he would provide [describe services] in exchange for no consideration. We wrote 63 songs and arranged to record them. We worked with a producer. The consultant's role in this endeavor was ____. He is now claiming ____ and demanding ____. Etc., etc.
     

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