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Dragan Kalasa
Gold Member
Joined: 22 Jan 2006
Posts: 455
Location: Between Hopewell and Everett...a rock and a hard place, PA
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 Posted: Wednesday Mar 08, 2006 |
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My ex-band created an album and approximately 2 weeks after its release date they canned me. We sent in only our finished album to the copyright office, which had three of the four band members on the copyright, myself being one of the three. Do I have any kind of legal authority or can I make any decisions in on the album and/or songs future, being I'm no longer with the band. For example, they are marketing the music without my consent or my name on it. They are also planning to put the music on compilation albums, again without my consent. As well as promote themselves on online radio stations without my consent or my name in the album credentials.
And as a follow up, I know they have no record of sales. So, 1) I haven't received a penny for my contributions on the album, and 2) I highly doubt they're doing anything in regards to taxes. Now being I'm on the copyright, but also out of the band, should I also be concerned with possible charges of tax evasion and such, even though I haven't seen a single penny that I believe I'm entitled to?
Some other information that you may need to know is that:
1. I am the co-founder of my ex-band, which was also formed under a different name.
2. The album, in which I'm referring to, is simply a recreation of an older album under the different band name (which I still own).
3. Just to clarify the copyrights...only the final product (the album itself) was copywritten. No parts, or possibly lyrics were under the copyright as far as I know.
4. There were no contracts written up for anything or anyone.
So I guess simply, what am I entitled to in regards to money (which I believe with 3 people on the copyright I should get 33% of the income) and can I have decisions on the album/songs and their future?
Sincerely,
Andrew. |
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jangel
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Joined: 20 Dec 2005
Posts: 385
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| Posted: Thursday Mar 09, 2006 |
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You need to seek legal advice, others here may have experienced somewhat similar situations but the bottom line is that they are not exactly the same. Again see an attorney.
Good Luck
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Where there is light, there is Hope! |
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Ron
Site Admin
Joined: 07 Dec 2002
Posts: 2031
Location: State College, PA
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| Posted: Thursday Mar 09, 2006 |
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Andrew,
Is the album getting major distribution?
If it isn't, you are more likely to end up spending more money in a legal battle than you would make from suing your former bandmates.
To get a copyright for a collective work with multiple authors, each named author must have contributed to each song in the collection, so it is likely that you are entitled to 33% of the profit generated by the album. Getting that 33% is the hard, expensive part.
The IRS can't make you pay income tax on the sales unless you receive money.
Like jangel said, talk to an attorney if you think it is going to be worth the time, money and effort.
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... and then the wheel fell off. |
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Dragan Kalasa
Gold Member
Joined: 22 Jan 2006
Posts: 455
Location: Between Hopewell and Everett...a rock and a hard place, PA
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| Posted: Thursday Mar 09, 2006 |
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| Thank you for your advice. I definitely have something to think about now. |
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