Please help with copyright question

Discussion in 'Community Discussion' started by donaldoji, Oct 31, 2010.

  1. donaldoji macrumors newbie

    Joined:
    Oct 31, 2010
    #1
    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!
     
  2. 184550 Guest

    Joined:
    May 8, 2008
    #2
    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.
     
  3. FourCandles macrumors 6502a

    Joined:
    Feb 10, 2009
    Location:
    England
    #3
    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?
     
  4. donaldoji thread starter macrumors newbie

    Joined:
    Oct 31, 2010
    #4
    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.
     
  5. iJohnHenry macrumors P6

    iJohnHenry

    Joined:
    Mar 22, 2008
    Location:
    On tenterhooks
    #5
    If I were you, I would direct her money to a Trust Account administered by YOU.

    No one else.
     
  6. Macky-Mac macrumors 68030

    Macky-Mac

    Joined:
    May 18, 2004
    #6
    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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