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Intellectual Property Law Suit? Do I have a case?

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victimoftheft:
Hello,

A little over a year ago my friend and I wrote music for a song.  We were then in a band with another individual (third party).  We shared the song with our other band mate so he/she could write lyrics to that song.  After the lyrics were written, my friend and I were kicked out of the band.  The third party is now publishing the song.  Because of the technicality of the original music, the third party plays the song a little differently, even though I do believe it is in the same "key".  The third party would not have been inspired to write the lyrics if it were not for the music we provided and therefore the song would not exist.  We had performed the song live on a few occasions as a band.  I have video of the third party saying " this is a song that the guys and I just wrote".   I also have video of the original version of the song and the newer "simpler" version.  Do we have a case?  The third party has just recorded the song in a studio and is publishing it through a Lowcountry record company.  This may be the case for a few other songs that may be on the album.  One song in particular that is "to the T" the same as when we wrote the music to it and THEN she wrote the lyrics.  Do I have a case? 

artchain:
If you and your friend wrote the music, and unless you did something to transfer ownership to the band, then YOU own the copyright for the music, and the band cannot record, play or distribute it without your permission.

You should consult a copyright lawyer.  Contact your local bar association - they usually have referrals to attorneys who will give you an initial consultation for a nominal fee.

Isaac:

--- Quote from: artchain on 12-17-10 at 01:54 pm ---If you and your friend wrote the music, and unless you did something to transfer ownership to the band, then YOU own the copyright for the music, and the band cannot record, play or distribute it without your permission.
--- End quote ---

True, but the band may already have permission based on activities that went on while the OP and his buddy were in the band.  The permission does not have to be in writing and it need not be granted by any explicit oral statement.

YouOneR:
I think so too... The IP belong to the Band.. The erstwhile members are therefore entitled to receive royalties thereon.. If the third person had changed the band name, he would not be entitled to use the music without consent of the former members that contributed to its creations..

I would if I was in their shoes, contact the label, and point out the problem, as in my view I cannot see them caring who they are paying, and would certainly not want to be locked into some costly litigation that could easy outweigh any profits they could make on the music. Furthermore, the record labels all have STD agreements to which the signatory thereto has to state/agree that the music belong exclusively to him/her, whereas the contrary could be shown the contract becomes null and void etc..

On this thought, perhaps the 2 should firstly enter into discussion with the 3rd member in pointing out the latter, and request compensation, failing which they will contact the Label..

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