Do I still own the rights to the song that I wrote by myself?...yes i am asking this question a third time, deal with it.

I wrote this song 100% by myself. I wrote the song while a member of 2 bands and my solo project. The song was intended for my solo project, I tried jamming it with one of my bands. I never told them they could have my song, we just "covered" my own song a few times while practicing. Now I want to keep the song for my solo project. Apparently people think that because I wrote the song while in a band that my band automatically owns it. What about the fact that I was in 2 bands and I had a solo project? I respectfully disagree that a band automatically owns anything you play just bc your in a band. Look at how many artists are in multiple bands, when a artist picks up a guitar at 3 am alone at their house do they have to worry about someone owning what they are about to make up? No.

Denver, CO -

Attorney Answers (4)

Frank A. Natoli

Frank A. Natoli

Intellectual Property Law Attorney - New York, NY
Answered

Hi,

I have not read the other comments from previous posts. That said, I would agree with you that if you are the only author yourself and by simply playing your tune with the band it does not become a community copyright.

If, however, you start a song and then bring that to the group for input so now one could say we are all collaborating on it it becomes a collaborative project and thus shared authorship regards to the copyright.

Obvioulsy, one can retain all the copyright interest in their own creative and underlying works. This is why McCartney and Lennon were much more wealthy than the other Beatles.

Further, copyright layers. That is, you may have authorship of the music and lyrics but together we all claim authorship in the arrangement, recording, performances, etc.

I hope that helped to offer some clarity, but again I was not privy to your other posts so if thereare addition facts unknown my take on it may not be helpful.

Best,
Frank
Natoli-Lapin, LLC
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James Juo

James Juo

Intellectual Property Law Attorney - Los Angeles, CA
Answered

The multiple questions you have posted state both that you wrote the song "100%" yourself, that you brought the song to the band to perform it (even though you say it was intended for a solo project apart from the band), but that the band broke up before it was "finished." You have presented a messy set of incomplete facts, and appear to recognize that you may have a problem (otherwise, why ask the question in the first place), yet expect a clear answer in your favor.

Based on the limited facts of your question, the consensus appears to be that while you own the copyright to the song (at least in part), it is unclear what interest, if any, is/was owned by the band. This is a very fact-specific inquiry. While you likely have the right to use the song in your solo project, there are potential issues of what ownership or licensing interest, if any, the remainder of the band retains for which you should hire an attorney familiar with copyright and Colorado law to help you deal with it.

This answer is for informational purposes only. It is not intended as specific legal advice regarding your... more
Bruce E. Burdick

Bruce E. Burdick

Intellectual Property Law Attorney - Alton, IL
Answered

Since you disagree and don't like the advice you got when you only gave part of the relevant information and since you apparently also are not going to take the advice to hire an attorney, just "deal with it" yourself. Then you will own the advice you give yourself. See how that works for you.

Alternatively, you could hire an attorney and give all these additional facts, and whatever other facts you omitted, to that attorney and get some reliable advice. You are done here, I think. Like this is your 3rd strike. Avvo is for finding a lawyer, not arguing with lawyers or trying to avoid frinding one.

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Daniel Nathan Ballard

Daniel Nathan Ballard

Intellectual Property Law Attorney - Sacramento, CA
Answered

You have posted this same question two times previously and written many [snarky] comments in response to the answers. You clearly do not like the answers. So either hire your own attorney or do your own research and analysis. In addition to the books that I cited to you previously [which you clearly have not read] you can buy and read the music copyright books linked-to below. Good luck.

The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and... more

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