Producer copyright issues

[freshedoutjay]

Jurisdiction

California

So me and this one producer made about 3 songs at his house, 2 of the songs he's featured in and 1 it is just me, but all 3 of the beats are made by him. Several months go by and he stops talking to me then my songs start to get a little over a couple thousand views, He found out I am making a music video for the 2 songs he is in,but he's not going to be in the music video, so he hits me up and says to pay him $30 for each song or else he will copyright it, and i'm not to sure on the legal side of things and i'm not sure what to do because i feel like i don't need to pay him at all because he never asked me to pay him before and I have emails of him sending me the beats and the full songs we made. So if i can get any answers that would be great.

 

[mightymoose]

Personally I would pay him and thank him for his work. Before you pay him have him sign a document releasing any further interest he has in any of the work so you can do as you want with it.

 

[zddoodah]

2 of the songs he's featured in and 1 it is just me,

I assume this is a reference to vocals of some sort.

my songs start to get a little over a couple thousand views

Unless you're ingesting LSD, it's not possible to "view" a song. Are you talking about some sort music video on a platform such as YouTube?

He found out I am making a music video for the 2 songs he is in,but he's not going to be in the music video, so he hits me up and says to pay him $30 for each song or else he will copyright it, and i'm not to sure on the legal side of things and i'm not sure what to do because i feel like i don't need to pay him at all because he never asked me to pay him before and I have emails of him sending me the beats and the full songs we made.

That's one heck of a run on sentence.

Let me start by noting that $30 is a pittance.

As far as his threat to "copyright it," that doesn't make any sense. A copyright is a bundle of rights in a "work of authorship." There are two types of copyrights at issue with respect to a song. The first is the musical composition copyright. 17 U.S.C. section 102(a)(2). In the absence of an employer-employee relationship or some sort of contract that says otherwise, the musical composition copyright is owned by the writer(s) of the song. You didn't tell us who wrote the "about 3 songs" that are the subject of your post, but your statement that "all 3 of the beats are made by him" strongly suggests that the "producer" is at least a co-writer.

The second type of copyright is the sound recording copyright. 17 U.S.C. section 102(a)(7). Sound recordings "are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied." 17 U.S.C. section 101. Based on what you've told us, it sounds as though the two of you probably jointly own the sound recording copyrights.

Getting back to the threat to "copyright it," what your "producer" is probably talking about is registering the copyright(s). Since he is misusing the word "copyright" as a verb, I'm guessing he doesn't really understand any of this and doesn't have any concept of the difference between a musical composition copyright and a sound recording copyright. In any event, it's probably safe to assume that he will file one or more registrations with the U.S. Copyright Office and that he'll do so in his name only. If he does this, it will create a rebuttable presumption that he is the sole author, and that's not a result you want because as soon as he does it, he can send something called a DMCA notice to YouTube and have your video taken down. You could, of course, beat him to the punch, but if you register the works yourself, you should be realistic in identifying the authors.

By the way, while I don't disagree with "mightymoose's" suggest, I question whether you have the competence to draft an appropriate release document.

 

[freshedoutjay]

I assume this is a reference to vocals of some sort.



Unless you're ingesting LSD, it's not possible to "view" a song. Are you talking about some sort music video on a platform such as YouTube?



That's one heck of a run on sentence.

Let me start by noting that $30 is a pittance.

As far as his threat to "copyright it," that doesn't make any sense. A copyright is a bundle of rights in a "work of authorship." There are two types of copyrights at issue with respect to a song. The first is the musical composition copyright. 17 U.S.C. section 102(a)(2). In the absence of an employer-employee relationship or some sort of contract that says otherwise, the musical composition copyright is owned by the writer(s) of the song. You didn't tell us who wrote the "about 3 songs" that are the subject of your post, but your statement that "all 3 of the beats are made by him" strongly suggests that the "producer" is at least a co-writer.

The second type of copyright is the sound recording copyright. 17 U.S.C. section 102(a)(7). Sound recordings "are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied." 17 U.S.C. section 101. Based on what you've told us, it sounds as though the two of you probably jointly own the sound recording copyrights.

Getting back to the threat to "copyright it," what your "producer" is probably talking about is registering the copyright(s). Since he is misusing the word "copyright" as a verb, I'm guessing he doesn't really understand any of this and doesn't have any concept of the difference between a musical composition copyright and a sound recording copyright. In any event, it's probably safe to assume that he will file one or more registrations with the U.S. Copyright Office and that he'll do so in his name only. If he does this, it will create a rebuttable presumption that he is the sole author, and that's not a result you want because as soon as he does it, he can send something called a DMCA notice to YouTube and have your video taken down. You could, of course, beat him to the punch, but if you register the works yourself, you should be realistic in identifying the authors.

By the way, while I don't disagree with "mightymoose's" suggest, I question whether you have the competence to draft an appropriate release document.

Yeah, you are correct. I don't really know how to make a legal contract would you be able to inform me of a template or or website where I can make a contract that states that if I pay him $60 I will have full ownership of 2 of my songs that he produced and is featured on, so i can do whatever i want with the song and have him have nothing to do with them at all.

 

[freshedoutjay]

Personally I would pay him and thank him for his work. Before you pay him have him sign a document releasing any further interest he has in any of the work so you can do as you want with it.

Is there any template documents or websites I can do this on, not really to knowledgeable of the legal side of music. Also preferably an online document that i can do over email and give him the money and that will be the agreement that will release his interest in the songs.

 

[mightymoose]

I'm not aware of such a thing online.

I am aware of many attorneys and paralegals who are available for hire.

 

[zddoodah]

I'm also not aware of anything available online. I could google it, but so could you.

FYI, any paralegal advertising his/her own services independently of an attorney is doing so illegally. Paralegals may not represent clients except as employees of and under the supervision of a lawyer admitted to the State Bar.