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Author Topic: I Forgot to Copyright a Album I Produced  (Read 820 times)

DerodTheGod

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I Forgot to Copyright a Album I Produced
« on: 02-28-18 at 04:21 pm »

I forgot to copyright an album I produced for someone back in the 2000's and I did a copyright search and one of the guys in the group copyright the album without my name in it. Do you know if there's something that I can do about that?
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Robert T Nicholson

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Re: I Forgot to Copyright a Album I Produced
« Reply #1 on: 02-28-18 at 06:30 pm »

You'll need to hire an attorney to resolve this; you need to decide how much this is worth to you. 

You can get a referral through your local bar association.  Many attorneys will do an initial consultation for a nominal fee.

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This post is provided for information purposes only, and does not constitute legal advice.

Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center

Toot Aps Esroh

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Re: I Forgot to Copyright a Album I Produced
« Reply #2 on: 02-28-18 at 10:02 pm »

Hi Artchain, agree this sounds like something that needs hammered out on a fact by fact basis with a good copyright lawyer.

But while this is not really my area, as between the original music's writer/composer (author), and that music's performer/recorder, and the producer, what rights does a producer generally have to claim copyright in the recorded music, if he does not fill one of the first two roles? 

[ETA]  I guess what I'm wondering is, is it common that a music producer is thought to add anything to the overall creative, such that he has a copyright claim in the first place?
« Last Edit: 02-28-18 at 10:09 pm by Toot Aps Esroh »
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Robert T Nicholson

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Re: I Forgot to Copyright a Album I Produced
« Reply #3 on: 03-01-18 at 02:26 am »

But while this is not really my area, as between the original music's writer/composer (author), and that music's performer/recorder, and the producer, what rights does a producer generally have to claim copyright in the recorded music, if he does not fill one of the first two roles? 

[ETA]  I guess what I'm wondering is, is it common that a music producer is thought to add anything to the overall creative, such that he has a copyright claim in the first place?

The producer is usually responsible for a range of creative tasks including editing, arranging, and mixing.  As such, the producer is considered a co-author.  But as you said in your post, this will require a copyright attorney with experience in the music business to sort out.
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Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center

CRfan

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Re: I Forgot to Copyright a Album I Produced
« Reply #4 on: 03-02-18 at 05:30 pm »

Some of my comments reiterate others.

> “I forgot to copyright an album…”

The album is automatically copyright-protected once it’s recorded on to some type of phono-recording medium like CDs, mp3, vinyl, etc.

The next step is to “register” the album’s copyright claim with the US Copyright Office.

Do you have a written agreement (even emails might help) that specifically outlines who owns the copyright to the music composition/sound recording?  Is it you, or is it one or more members of the group, or another party (music label?).  Is this a joint-authorship where everyone’s sharing the copyright?  Did you sign a work-for-hire agreement?

Without any agreement with the band, and assuming your contribution to the album’s sound recording was substantive (creative), you would likely own some (joint-authorship) or all of the sound recording’s copyright.

Perhaps there was a misunderstanding:  The band may have thought they own the copyright.  Or perhaps they forgot to include your name in the copyright registration application.

If you don’t have an agreement, you could reach-out to the band and inquire with a non-confrontational email about your sound recording copyright authorship.  If their answer is not satisfactory, you can use that information to visit with a music attorney.
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