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Q: My daughter collaborated with a producer on her new single. The producer owns the SR copyright (on the arrangement) and my daughter owns the PA copyright (on the words, music and melody). The producer designed the CD cover, pressed 10 CD's and set it up with a CD manufacture to have more discs made. He did some promotion for the CD by calling some radio stations. We paid all duplicating fees. Their are no signed contracts of any kind. This producer was to be involved with us trying to put together a record label. When the funding did not happen it made him upset, so he contacted my daughter, telling us that we cannot use this song to further her career. He said we must "Cease and desist." We do not have any problem with him receiving his Royalties for his arrangement, which he is entitled. Can he really her stop using this CD for marketing purposes? He is basically saying that we do not have his permission. He had pushed to get this out their until such time as the business did not go. So after putting all the duplication monies, and marketing and promoted for all this time, can he legally do this? -Linda
(Ed. Note: In all cases dealing with legal issues, you should always contact a lawyer to represent you specifically. Below is simply an opinion and discussion of these issues, and is not meant to replace legal representation.)
Mentor Karen Angela Moore responds. Visit her Mentor Page Here: Mentors
A: The producer is out of line. An arrangement is considered to be not a chord progression or a guitar intro etc. It is an exacted score of music that actually charts numerous vocal lines or instruments on the melody line. For example - a big band horn chart, or a score from the Titanic background music. NOT just lining up players and asking for a guitar solo here... The producer has only one recourse...If he has filed for a copyright on the P form - for Sound Recording - then he can get something only if they use his Sound Recording. And yes they can release his sound recording without his consent but must give him credit and payment. I do not know what that is.
He has no recourse whatsoever on the song. And - furthermore he cannot release the Sound Recording without consent and first release contract with the songwriter or publisher which is the daughter (the writer). Being the writer of the melody and the lyric entitles her to sole possession of the copyright of the song itself. She can rerecord it with anyone and the producer is OUT. Being the creative writer is an inalienable right which is superseded by everything. She can use the CD for marketing and play it for anyone she wants. That cannot be stopped. BUT! She cannot sell the recording or use it in a commercially marketable sense until she settles up with the producer. The Cease and Desist comment is certainly sour grapes...UNREAL. As far as him designing the CD cover and setting up disc manufacturing and paying for the first 10 copies...SO WHAT. This is marketing and promotion and has nothing to do with copyrights.
(Brian's Comments: We often get these types of letters, written after a problem has already arisen. I used this one to illustrate the importance of first having open discussions on what will happen if things work out, or if they don't. Open communication on both sides might have avoided this conflict before it started. It is very important that you educate yourself on copyright, publishing and music business issues before entering into agreements and professional relationships. I recommend that you read a few books (like those written by our mentors) to give yourself the fundamentals of how all this works. In addition, it is always a good idea to consult or be represented by legal council when entering into professional agreements, especially if you are not clear on your rights in any particular area. Let's be careful out there!)