Sound Recording copyright infringement

[svoxprs]

What is the name of your state (only U.S. law)? Georgia

There is a video that was recently posted to Youtube with audio from a song that I recorded in my studio. The song was recorded in conjunction with a band I was in. I've since parted ways with the band and have not authorized use of this audio recording. The video was also posted under a different band name than the band that recorded it. The person that posted the video was the singer in the band and he produced and paid for it but did not ask permission to use the audio or permission to post the video in which I appear. Do I have a right to claim unauthorized use of the audio since it was recorded in my studio? I was responsible for all of the recording and was a co-writer of the music. Can I claim unauthorized use of the audio under the sound recording/mechanical rights copyright? What are my rights under the DMCA? Please advise. Thanks.

 

[quincy]

What is the name of your state (only U.S. law)? Georgia

Do I have a right to claim unauthorized use of the audio since it was recorded in my studio? I was responsible for all of the recording and was a co-writer of the music. Can I claim unauthorized use of the audio under the sound recording/mechanical rights copyright? What are my rights under the DMCA? Please advise. Thanks.

It is possible that you can be compensated for the use of the audio.

Was the song that was recorded in your studio registered with the US Copyright Office? If so, were you listed as co-author of the work?

When there is co-authoring of a work, a court looks at both authors as having equal copyrights in the work, absent any agreement to the contrary. Your co-author, therefore, could authorize the use of the music even if you don't. BUT, the co-author would have to share equally with you any profits realized from this use.

So, the answer to your questions really depend on the status of the copyrighted work - if it has been registered, under whose names it was registered, if the work was authorized for use by your co-author. . . . .

. . . . I suggest you review all of the facts surrounding the making of the recording with an attorney in your area. From the facts as you present them here, the best answer I can give you to all of your questions is "I don't know."