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Pamela Koslyn

Pamela Koslyn’s Answers

26,324 total


  • Recorded a song that I wrote lyrics/music.Asked someone to sing on it. What percentage does she get if its used commercially?

    I asked an acquaintance to sing a duet on a song that I wrote all the lyrics and music to. We never had an agreement before we went into the studio. I told her I would like to give her a percentage of my earnings if anything ever happened after. T...

    Pamela’s Answer

    s my colleagues, note, PERFORMANCE has nothing to do with COPYRIGHT OWNERSHIP. You can pay her a % or a flat fee, as you agree, This would be a matter of contract and she'd be entitled tp whatever the two of you agreed to if you had gotten a written agreement before you asked her to perform. But now, without a written agreement negotiated and signed in advance, you're going to have to come to an agreement to avoid a lawsuit about who owns the copyright in the recording and in the composition you wrote,

    I just answered a similar question: http://www.avvo.com/legal-answers/does-it-matter-how-much-a-vocalist-contributes-to--1961335.html

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  • Can I be arrested for failure to pay back a loan?

    I applied for a loan from a bank online. They called and said they are issuing an arrest warrant if I don't pay today. Van they do that?

    Pamela’s Answer

    No. Debtor's prison was abolished a long time ago. They can sue you, but they can't get a cop to arrest you. Not only that, but anyone who spouts this type of nonsense is in violation of federal debt collection law by threatening something they can't do. If they call you again, get their full name and title and contact information so you can report them and maybe sue THEM.

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  • A hospital is refusing to provide clinical information I'm entitled to by court order. They cite an irrelevant other order.

    I am established by DNA as the father of a minor who was a victim of serious medical malpractice at a Miami hospital. The Mother settled and fraudulently established a guardianship by lying to the court about my existence and that I was willing t...

    Pamela’s Answer

    If the hospital's in violation of a court order, you can go to court to challenge their "contempt" of court, and any litigator should be able to help you with that.

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  • Tax filling

    Overseas during tax filling season Me and my husband are going to costa rica from dic to may on vacations, how can we file our tax return while overseas, can we do it when we come back? Whats our best option. Thanks in advance

    Pamela’s Answer

    Your CPA (or you) can e-file, and you can also make tax payments online. Look up EFTPS.

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  • Ex from california blackmailing me

    my ex from california is blackmailing me if i don't give back the things he gave me he'll upload my nude photos, I live in the philippines but i have relatives in the US, is there anything i or they can do? and he's a green card holder not a citiz...

    Pamela’s Answer

    Yes, but it requires hiring a local lawyer to seek an injunction against him for violating your privacy. There may also be a copyright infringement issue if you own the photos. If he took them and you consented, then he'd own the copyrights and the photos, but he doesn't own the right to upload them.

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  • Does it matter how much a vocalist contributes to a song?

    Does it matter how many seconds of vocals were contributed to a song when it comes to paying the vocalist royalties? In this case, she only recorded about fifteen seconds, of which about five was used.

    Pamela’s Answer

    A record label, who owns the recording, pays the performing artist, and the artist typically gets 11% of the retail sales, up to 21% if the artist is U2. Performing artists often get advances against those royalty payments, and they have to recoup the advance before getting any more money. The label should have a written contract with their artist spelling out what the artist gets paid, because copyright law says the creator of a creative work is its owner, and if the performer isn't on the payroll of the label, the label can get a nasty surprise claim later on from an artist claiming ownership of the recording.

    Sometimes guest performers like the one you describe get paid a flat fee for their work, regardless of how much the label decides to use or not use in a recording. Here again the label must have a written agreement with the artist to make that clear.

    A music lawyer is much cheaper than fighting a lawsuit later. Get one, as I'm sure this isn't your only legal concern.

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  • When registering a copyright for my songs should I register separate copyrights for lyrics and instrumentals?

    Or should I just copyright the finished product? Also I heard that as long as I'm putting all of the songs on the same album I can copyright them all for the price of one copyright, but I also heard that by doing this that if someone wants to pay ...

    Pamela’s Answer

    You need to register both the musical composition (music and lyrics) and the recording for copyrights. Each composition and each recording should be registered separately, and no, the terms of any license you do would specify which songs are being licensed and for what kind of use. So that's the U.S. Copyright Office.

    You should also register your songs with a performing rights society such as ASCAP or BMI, for the performance of your songs on TV or in movies. You should do that both as a songwriter and as a publisher, since I'm guessing you're self-publishing. That means you need to form a music publishing company.

    The music business, and it is a business, iis very complicated. If this is what you plan to do professionally, it's best to do some reading by some reputable writers (e.g., Don Passman's "All You Need to Know about The Music Business" is a pretty good one), and then hire your own music lawyer.

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  • Does an unused concept design for a product have any legal protection, aside from the artist's rights to the artwork?

    For instance, an unused car concept, or an unused toy design. Aside from the ownership of the artwork, are such designs protected by design patents/trade dress etc? If so, typically how long would such protection last, and how much would a typical...

    Pamela’s Answer

    Patents cannot be disclosed to the public, and must be applied for within 1 year.

    Trademarks have "common law" protection once they're used, but that refers to the BRAND used with the product, not the product itself, and if these products (and their designs) are "unused," then they have no way to get trade dress protection.

    There may also be "trade secret" protection, if the information is in fact secret and steps have been taken to protect such secrets. That kind of protection would only be effective against the recipients of the disclosure of the information.

    Licenses for designs do depend on the licensee, the licensor, the type and scope and method of payment for such license.

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  • How to get co-signer off a time share

    8 years ago a friend co-signed with me for a time share. Since that time I have not heard from her. All the payments have been made by me. I have exhausted all means trying to contact her. It is like she disappeared. The company has tried to...

    Pamela’s Answer

    If she holds title as a joint tenant, then she's a co-owner. What joint tenancy usually means is that each joint tenant has the right of survivorship, so that when the 1st one of you dies, the other owns 100% of this time share.

    So this isn't just a matter of taking her name off the loan, which the lender is unlikely to do, if they needed both f your names/credit in the 1st place. You're referring to divesting her of her ownership share. which you can't do that easily.

    Have you tried Facebook and other online social media outlets? Mutual friends? Her family members? A private detective?

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  • How do I license sports team logos for iPhone app? For example: nfl.biz is for manufactured products and not for virtual world.

    We are building an iPhone app that lets users support their team (NFL, NBA and NCAA) and will need to license their logos. I am trying to find information about licensing the logos but cannot seem to find relevant information.

    Pamela’s Answer

    Please see my answer to your other similar question. You don't --your lawyer does.

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