Is it infringement if I co-wrote the song?

[button_man]

What is the name of your state?Indiana

My guitarist is wanting to leave the band. As he is quitting, he tells me I'm not allowed to play "his" songs. Though the main idea may have been his, everyone added something which in turn changed the main idea. The completed work was a representation of the whole band - not an individual member. Does he have a legitimate case? Can I play the songs after he leaves? After all, cover bands don't get the permission of the original artist to perform their songs, right?

 

[davezan]

Just my opinion. But unless he somehow secured a copyright or something,
he'll have a hell of a time proving the song is exclusively his in the first place.

If he tries to pull that off, he'll have to deal not just with you, but with the
other members since, as you said, they also contributed.

 

[divgradcurl]

Though the main idea may have been his, everyone added something which in turn changed the main idea. The completed work was a representation of the whole band - not an individual member. Does he have a legitimate case?

Probably not. As davezan noted, it might be tough for him to prove than he owns the copyright himself -- and further, unless you guys are all independently wealthy, it probably wouldn't be worth his time or money to pursue anyway.

Can I play the songs after he leaves?

If you are a co-owner of the copyright, or course. But he can play them as well, in his new band.

After all, cover bands don't get the permission of the original artist to perform their songs, right?

Yes, but -- they don't get permission from the original artist, but SOMEONE is paying a license fee, guaranteed. Generally venues that host bands pay a blanket license fee to the Harry Fox Agency, so that any band that plays in that venue is covered under the license. But if your band wanted to play, say, in a venue that doesn't normally host bands and therefore doesn't pay a licensing fee, or if you wanted to record and sell a cover, then you would have to pay a license fee, or face a copyright infringement suit.

 

[button_man]

What if the songs aren't copyrighted? They have been recorded and published (somewhat) on a local level (1,000 copies). Should I still copyright them?

What if I copyright the songs without consulting the guitarist?

Can he stop me?

 

[divgradcurl]

What if the songs aren't copyrighted? They have been recorded and published (somewhat) on a local level (1,000 copies). Should I still copyright them?

They are copyrighted -- just that the copyright has not been registered. Copyright attaches to a creative work as soon as it is "fixed in a tangible format" -- in other words, as soon as you wrote the words down on paper, or committed the music to tape or CD, it was covered by copyright.

You could still register the copyrights with the U.S. copyright office if you wanted to -- it would give you certain extra protections on down the road. See www.copyright.gov for more info.

What if I copyright the songs without consulting the guitarist?

Well, any author can register the copyright without having to get permission from the other authors -- but if the copyright is registeres without correctly naming all of the authors, well, that's technically illegal (fraud), and while you won't go to jail for this, if you ever needed to sue to enforce the copyright, you could lose based simply on the concept of "unclean hands." Basically, if you used fraud to procure the copyright, anyone you sued could claim, as a defense, that you had "unclean hands," and therefore even if whatever they were doing is wrong, it wouldn't be "fair" or "equitable" for you to gain anything from your fraud. Probably an unlikely scenario, but just something to think about.

Can he stop me?

From playing the songs? No, you are a co-owner of the copyright. From copyrighting the songs in your name only? Maybe, see above.

There's a couple of paths you can take here. You can ignore everything, and hope it all just resolves itself, and it just might. You can write new songs, and let him have the old ones. You can try and get him to sign away his rights to the songs, although he probably won't do it for free. It's up to you to figure out how you want to handle things. I don't know how serious this band is, but you can guarantee that if you don't resolves things now, and later your band "makes it" and starts bringing in some money, he'll appear out of the woodwork with his hand out -- and, as a co-owner of the copyrights, he WILL be entitled to a share of your profits...

 

[button_man]

Yes, but -- they don't get permission from the original artist, but SOMEONE is paying a license fee, guaranteed. Generally venues that host bands pay a blanket license fee to the Harry Fox Agency, so that any band that plays in that venue is covered under the license. But if your band wanted to play, say, in a venue that doesn't normally host bands and therefore doesn't pay a licensing fee, or if you wanted to record and sell a cover, then you would have to pay a license fee, or face a copyright infringement suit.

What if I'm playing a private party? Let's say my uncle has an annual backyard weenie roast for friends and family with no cover charge and no alcohol sales. Is there still a possibility for lawsuit? OR Does this only apply to a venue that is a business on public property?

 

[divgradcurl]

What if I'm playing a private party? Let's say my uncle has an annual backyard weenie roast for friends and family with no cover charge and no alcohol sales. Is there still a possibility for lawsuit? OR Does this only apply to a venue that is a business on public property?

Well, do you want a letter of the law answer, or a practical answer? Letter of the law, yeah, you need a license to play a cover no matter where you do it. It ODESN'T MATTER if you are making money or not, whether the venue is making money or not, whether there is alcohol sales or not.

But from a practical standpoint, how is anyone going to know? Unless you invite a rep from the record companies or BMI/ASCAP to your parties, how is anyone going to know that you need a license? These guys troll music venues to catch people doing covers without a license (or having a jukebox or radio without a license), but I really doubt they troll neighborhood parties looking to bust people.