I owned a record company 20 years ago and produced a hit record that went double platinum. My producer was signed exclusively to me. I then brought in the singer and rappers and based on my concept they created the hit record.
1) I never signed off on publishing for I did not know the law but recently one of the singers that helped create the song under pay for hire got royalties. So, as record company should i get them too?
2) I definitely never signed off on streaming and it has 141 million streams according to Nielsen Music.
Can I? Do I get paid for my efforts?
Are you claiming you were the owner of a record label that owned the masters (and presumably paid for the recording) or you were the actual record producer, or both? Either way you're theoretically entitled to any streaming earnings or royalties, provided you didn't assign your rights to any royalties away to others.
You may have trouble proving your interest or rights in the recording and any royalties at this point however. In addition, you could have additional legal issues to pursue or deal with based on the limited information here.
Depending upon who distributed or obtained placement (the artist, another label claiming ownership, etc.) on streaming services, you may have to sue to get your royalties. SoundExchange royalties are also something you need to inquire about. You should seek out a qualified entertainment and music industry attorney for further advice.
Please note, I'm an attorney but I'm not your attorney. I'm likely not licensed in the state you're in or need legal advice on, and anything I post is for informational purposes only, and is not and should NOT be considered legal advice. My response(s) does NOT create an attorney-client relationship between myself and you, or anyone else. You should always seek out your own independent attorney who can further advise you on your matters or issues.
I agree with Mr. Gainous. You need an attorney to backtrack all the facts. If you do not have an attorney you can click on the find an attorney tab here on AVVO and find one with relevant entertainment law experience, read their reviews, contact then to discuss your case and retain the one you like. I wish you well.
Peace be with you, and may love guide you.
The answers above are good ones. I'd wonder what happened to the record company and its assets. Sold off? Assignment for the benefit of creditors? Bankruptcy?
This answer is written to explain situations which may come up involving intellectual property law issues. It does not give specific legal advice about specific fact situations. If you have a specific fact situation in mind you should ask for professional legal advice about the relevant facts. Seemingly minor changes in facts may change a legal opinion dramatically. Space here does not permit an explanation of all the variables in complex legal areas. Dave Brezina is an Illinois lawyer and his profession is regulated under the authority of the Supreme Court of Illinois. Although he represents clients nationally and internationally, his law practice is performed in Illinois and is not subject to regulation by other states. Dave Brezina is also a Registered Patent Attorney and a patent practice is regulated by the US Patent and Trademark Office a Federal agency and is not subject to regulation by the states. The firm, Ladas & Parry, LLP, has attorneys admitted and offices in at least Illinois, New York and California. Finally, do not post confidential information. There is no an attorney client relationship created simply by correspondence or communication with the author of this site.
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