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Who owns the Copyrighted Songs?

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Bob Bandusky

Junior Member
What is the name of your state? Arizona

Dear Sir:

I joined a band about 2 1/2 years ago after meeting Chris and Steve. The band was quite successful. While in the band we wrote 7 new songs. I wrote the music for 6 of these songs.The band broke up several weeks ago due to internal conflict. The drummer Bryce and I left the band. I want to keep three of the six songs I wrote and have copywrited this music by writing the sheet music and mailing same to myself. The Band say they have the right to these songs. They say they copywrited this music at an early date by mailing a video of a stage performance to themselves. Chris and Steve cannot read or write music.

When our band originally started we didn't have a manager or a direction of where we were going, it was a garage band! Then after a year or so, we finally got a manager who was Chris and Steve's friend. This was good and bad. Justin, our manager, was on the ball on getting us shows, promoting us etc. But I felt since he was a friend of Chris and Steve and living in the same house as they, this would cause problems, which it did. Things went on behind our backs. Here are some of the problems as I remember them. We opened a joint checking account.Into this account we were going to deposit money that we earned through shows! Then one day our manager Justin comes into practice and tells us we are now a corporation. A LLC was formed without my consent and filed with the State of Arozona , I signed no documents to authorize this transaction. This happened without my consent! So my question to you is. Should they be able to take the three songs I wrote? I left a corporation which I NEVER agreed to, so they think the songs should stay with them. I took the 3 songs I want, and wrote them out note for note on sheet music and copyrighted them, so should I own the right to the music? This is the dispute we are having as of right now People who didn't even write the MELODY for the music want to take it from me. I am the individual who wrote it and want to take my music with me! Is that to much to ask? Please give me a response if you have time, Thank You!

Sincerely,

Chris Bandusky

P.S.
The band copyrighted the songs through a DVD made from one of our shows recorded live, I copyrighted our songs by writing the music out note for note on sheet music a little after their copyright, I believe :confused:. If we went to court I have my music written out on paper, I could also play the music note for note on my guitar in front of a judge, does this overrule what they may have copyrighted? Also I did a poor mans copyright, I notorized the music at the bank and then sent it in the mail back to myself and never opened it. My question is, is this a legal copyright or do I have to send it somewhere like Washington D.C. , Thanks for your time!
 


indyjetflyer

Junior Member
Bob Bandusky said:
What is the name of your state? Arizona

Dear Sir:

I joined a band about 2 1/2 years ago after meeting Chris and Steve. The band was quite successful. While in the band we wrote 7 new songs. I wrote the music for 6 of these songs.The band broke up several weeks ago due to internal conflict. The drummer Bryce and I left the band. I want to keep three of the six songs I wrote and have copywrited this music by writing the sheet music and mailing same to myself. The Band say they have the right to these songs. They say they copywrited this music at an early date by mailing a video of a stage performance to themselves. Chris and Steve cannot read or write music.

When our band originally started we didn't have a manager or a direction of where we were going, it was a garage band! Then after a year or so, we finally got a manager who was Chris and Steve's friend. This was good and bad. Justin, our manager, was on the ball on getting us shows, promoting us etc. But I felt since he was a friend of Chris and Steve and living in the same house as they, this would cause problems, which it did. Things went on behind our backs. Here are some of the problems as I remember them. We opened a joint checking account.Into this account we were going to deposit money that we earned through shows! Then one day our manager Justin comes into practice and tells us we are now a corporation. A LLC was formed without my consent and filed with the State of Arozona , I signed no documents to authorize this transaction. This happened without my consent! So my question to you is. Should they be able to take the three songs I wrote? I left a corporation which I NEVER agreed to, so they think the songs should stay with them. I took the 3 songs I want, and wrote them out note for note on sheet music and copyrighted them, so should I own the right to the music? This is the dispute we are having as of right now People who didn't even write the MELODY for the music want to take it from me. I am the individual who wrote it and want to take my music with me! Is that to much to ask? Please give me a response if you have time, Thank You!

Sincerely,

Chris Bandusky

P.S.
The band copyrighted the songs through a DVD made from one of our shows recorded live, I copyrighted our songs by writing the music out note for note on sheet music a little after their copyright, I believe :confused:. If we went to court I have my music written out on paper, I could also play the music note for note on my guitar in front of a judge, does this overrule what they may have copyrighted? Also I did a poor mans copyright, I notorized the music at the bank and then sent it in the mail back to myself and never opened it. My question is, is this a legal copyright or do I have to send it somewhere like Washington D.C. , Thanks for your time!


My friend,

You did a couple steps to be able to prove when you wrote the work however it's not copyrighted, until it's registered at the U.S. Copyright Office or registered with BMI, prefferably both. Submitting sheet music is best but Tablature or CD recordings will do. Check with them, asking questions is free. It's not expensive to protect your work (I think about $30 per piece, I could be wrong on the price). Playing the music on video and copyrighting the video only copyrights the video not the songs.

Officially register your work, NOW! Then after your work's registered with the copyright office submit it to BMI for registration. Since you're in the midst of a conflict, which could have been avoided by both registering at the Copyright office & BMI. You need to see an attorney and you and the former band members need to negociate some sort of equitable settlement and get the music's ownership properly registered
 
You need to officially register your work right now.

What you attempted to do was a "poor-man's copyright", which really doesn't have any real binding authority in a court of law. For instance, I could certified-mail myself an unsealed empty envelope, and basically put anything in there at any time in the future if I wanted to claim it was my idea. There are plenty more "tricks" you can pull, but the bottom line is, the poor-man's copyright doesn't give you a lot of leverage in court. Furthermore, from what I can assume, you didn't send it certified mail, which provides even less leverage.

The bottom line is, to give yourself the most leverage for litigation and statutory damages, you'll need to file with the US copyright office.
 

damondanner

Junior Member
Ohh we ALL reap what we sow

So...you wrote the drum parts, bass melodies (if any), guitar parts and lyrics and vocal melodies? I'm assuming this wasn't a work-for-hire situation and was a team effort actually. You must remove your emotions from this. It's hard to do I know...I'm an artist Well, you all own the songs IF they've been RECORDED. Don't worry about the DVD...though they could get a CD recorded and leave the video part out and just have the performance's sound recorded. It doesn't matter who recorded them. Don't get caught filing a false copyright and give credit where it is due. The poor man's copyright is only good to prove someone is lying, like if they say they don't even know you or something. You have to send the CD or TAPE through the Library of Congress and get it copyrighted. If you want to get paid...register witih BMI or ASCAP. You all have the right to perform all the songs you COLLABORATED on. You all also have the right to get paid from performances and CD/merchandise sales because if there was no agreement on who owns the name, I guess you all do. Who owns the "name" of the band? Everybody does. If you want to avoid this mess later on...sign internal agreements...alot of artists cringe at the thought of this though...good luck.
 
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