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Please help with copyright question

D

donaldoji

macrumors newbie
Original poster
Oct 31, 2010
2
0
Hello,

Five years ago I made a CD set with another artist. We had no formal agreement and we did not copyright anything. We lost touch. Now a publisher wants to bring out the CD set in downloadable format. I have tried to reach the artist in question without success. What are my options? My priority is to include her in the royalties agreement, but if she can't be reached I don't want this to keep my publisher from bringing this album out. Should I copyright the work and have the publisher include a clause to the effect that if she ever turns up a portion of the income is hers? Or what?
Thanks!
 
It would be best to speak with an entertainment lawyer about this. I'm sure the company that is interested in putting out the set would cover the cost as it would work in their favor should she decide to sue.

I would think that you should be covered otherwise if you've made every reasonable attempt and documented that you tried to reach her.
 
Perhaps you could draw up a royalties agreement to include the other artist, using either last known address or an agent's address, and hold the royalties in trust for her?
 
Thank you both for your responses. I will continue my search and will also talk to an entertainment lawyer. And as you suggest, maybe the publisher could draw up an agreement that provides the missing artist with royalties should she ever turn up. I want to do the right thing by her, it's her work too, but I also want my publisher and myself to be legit.
 
donaldoji said:
Thank you both for your responses. I will continue my search and will also talk to an entertainment lawyer. And as you suggest, maybe the publisher could draw up an agreement that provides the missing artist with royalties should she ever turn up. I want to do the right thing by her, it's her work too, but I also want my publisher and myself to be legit.
Click to expand...

If I were you, I would direct her money to a Trust Account administered by YOU.

No one else.
 
iJohnHenry said:
If I were you, I would direct her money to a Trust Account administered by YOU.

No one else.
Click to expand...

That's most likely how it'll happen!

The OP might want to check out this lawyer's radio program which offers free advice about entertainment law issues for bands, performers and other people in the entertainment world
 
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