Bartley F Day's Answers

Do i have to share royalties?

A couple of things: 1. It is not necessarily the case that a producer must have been a co-writer of lyrics or music in order to be considered a 'co-author' of the sound recordings. Which is one reason, among others, that whenever a label signs a producer to produce a project, the agreement almost always contains a 'work for hire' clause, stating that the producer will have no ownership rights in the sound recording. 2. You may not necessarily legally owe him anything additional if he...

5 lawyers agreed with this answer

Trademarked name already exists (as a transliteration), but in a different class. Is this a "likelihood of confusion"?

I would agree with the others' comments. Among other things, It would depend on what other registrations (if any) exist and the various other "likelihood of confusion" factors. For more info, see the relevant section of the Trademark Manual of Examining Procedures, namely http://tess2.uspto.gov/tmdb/tmep/1200.htm#_T120701dv. This section discusses various likelihood of confusion issues. I should add that there are various techniques which can be employed with Examining Attorneys at the...

4 lawyers agreed with this answer

Trademark Infringement and or Dilution question

On a very general level, the issue is whether consumers would think the other company is affiliated with your company. As mentioned in the other answers, there are various legal criteria for determining the likelihood of confusion. Often in these cases 'the devil is in the details.' Because of the public nature of this forum, I would second the advice of some of the other attorneys, recommending that you not post any further specific information on this site, since at the end of the day...

2 lawyers agreed with this answer

Is there ANY kind of precedent or rule of thumb for what percentage a composer gets based on their contribution to a song?

I would agree with the other "answerer's" comments, with a few additional twists. 1. If the issue comes up after a song has been written, then if there is no agreement to the contrary, all contributors own an equal share in the copyright. 2. My experience with hip hop is that writers/producers often have a unique formula which they use, allocating a certain percentage to beat, the melody, the lyrics, etc. I've had a number of situation where the percentages were a little curious,...

6 people marked this answer as helpful

Does an ex band member have any legal claim to monetary compensation?

Pamela made many excellent points. I would only add the following: 1. Unless there is an agreement to the contrary, the rule under (U.S.) copyright law is that all contributors to a creative work (such as a recording or a musical composition) own an EQUAL interest in the copyright in that work of art. 2. As far as needing a writer's consent to record the song, that is true as a general rule, so long as he wrote 100% of the song and has not signed over the publishing or copyright to...

2 people marked this answer as helpful

Starting an entertainment group that will consist of parties and rappers under me and I wanted to know the best form 4 business

Ditto to the comments already made. I'd only add that there are alot of options in setting up something like this, in terms of defining your relationship with the other people (partners, or independent contractors, or licensors etc), who will own the copyrights, who will have control, etc. etc. Determining the best strategy will depend on the specifics of your situation, as every situation is different. In general, the goal is to, on the one hand, have the best exit strategy if things don'...

3 people marked this answer as helpful

Buying entertainment IP assets from a foreclosed company. Do I need to honor contracts involving previous company?

I would only emphasize something that some of the other "answerers" said, namely make sure that you obtain advice from someone knowledgeable who practices in the State where you are. That being said, it may be that one or more of the agreements involved contain a clause saying which State's laws are to apply. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it...

3 people marked this answer as helpful

Buying entertainment IP assets from a foreclosed company. Do I need to honor contracts involving previous company?

I forgot to mention in my earlier response: Linda Mensch is an excellent entertainment attorney. She's a highly respected and very experienced attorney. I know her through the Entertainment Law Initiative program at the Recording Academy (Grammy Awards). I believe that she may have previously been president of the Chicago Chapter of the Recording Academy.

1 person marked this answer as helpful

How do i get money from companies that are making money off of my great great grandfather

You would need to determine whether or not the copyrights on the material have expired, and if the material is still covered by copyright, who owns the rights. These situations are rarely simple. That being said, it can sometimes be very well worth the trouble, financially speaking.