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[zoso335]

Hi everyone, I wanted to ask about music copyright.

I was recently in a band, but then left them. At the time of leaving, we were finishing recording an album where every song had a part that I wrote. Basically, there were three of us and we all wrote the music together. None of the music or lyrics have been copyrighted yet. Are they able to screw me out of the copyright? If they try, what should I do? I can't really think of concrete proof that I wrote the material. There's videos on their digital recorder of me recording some parts, video's of me playing the parts live, and articles referring to my parts, but I don't think that's enough. The best proof I think I have is email exchanges with both of them referring to "my parts", etc.

I was thinking about secretly recording the next time I meet with them. This article, "http://www.wired.com/threatlevel/2010/08/covert-iphone-audio-recording/"  makes it seem okay to do that, whereas this one "http://www.citmedialaw.org/legal-guide/massachusetts-recording-law"  doesn't.

Any help would be greatly appreciated!

[Smokin]

As far as copyrights go, you are a co creator of the work.

As far as "proof" goes that you were in fact a creator of the work in case it goes to a judge, well that's something else entirely. Privacy laws and recording laws vary from state to state and  it can get complicated what can and can not be done when secretly recording someone. For example, in California, its "illegal" for someone to record someone without their consent. That being said, there is alot of gray areas. Its not like someone can say surveillance cameras are not evidence because they did not seek permission.


IMO, you are being too covert, you'll more likely get your ex-band members to clam up and refuse you the evidence you crave for. Talk to an attorney about admisable evidence, then just talk to your band members with a credible witness to corroborate the dialog.

[Myipgateway]

The best advice, ask them credit, if your songs are good, the credit will give you more work.

[zoso335]

Hey, thanks a lot guys. I agree with both of you. I think what I will do is ask them if they care if I record the conversation. They might think it's weird at first, but I'll explain that with legal stuff like this it's good to have a firm record of it.

I wanted to ask another question too. This is me being covert again though. We have a band email that all of us had access to. I haven't tried accessing the email account since leaving the band, but if I'm able to, could I use emails in that account in court? It seems like kind of a gray zone to me whether I would be hacking or not...