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VIC Intellectual Property Law - No Mention of Copyright of Recordings in Contract?

Discussion in 'Intellectual Property Law Forum' started by Music Man, 27 September 2015.

  1. Music Man

    Music Man Active Member

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    Hi,
    I own the masters of my sound recordings. These have already been released commercially via several albums via my label. Another label now wants to release some of the songs as a compilation/ and for want of a better word, best of album. The deal is exclusive to them for this release only. They have the right to sell the album as they see fit, and once they recoup their costs, I will receive a 50/50 cut from sales.
    My question is, it is a simple contract and fairly straight forward. But there is no mention of copyright of master recordings in contract, so wanted to see, does this need to be specified in writing or since I've already outlined the ownership of sound recordings are mine, it is not needed? I do plan to add on CD label (around the edges) the usual 'sound recordings owned by (insert name) (p) and (c) 2015.

    Does this suffice under Intellectual Property Law?
     
  2. Tim W

    Tim W Lawyer

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    Pretty hard to say without seeing the document itself.
    Are you assigning copyright, or are you licensing a/the recording(s) ?
     
  3. Music Man

    Music Man Active Member

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    There is no mention of licensing or assigning copyright.

    1) The clause states, "Artist" authorises "Label" top to release 12 songs as a compilation album to distribute to retail channels in "country" and worldwide via label's website store.

    2) "Artist" is to deliver the album artwork and audio recordings according to the demands of the pressing. The artwork will contain the label logo, bar code and cat. number.

    3) "Artist" guarantees that the delivered material (music, lyrics and artwork) does not infringe upon any copyrights.

    Thats basically it aside from the general recoup details and promotion.
     
  4. Music Man

    Music Man Active Member

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    Next question, thanks for clearing this matter up.
    So I have licensed my recordings to label, I own the masters. I want to put on product's back cover the (c) + (p) (insert my name here). Or because the label are putting the release out, does the (c) + (p) need to be credited to label? I am confused...
     
  5. Tim W

    Tim W Lawyer

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    You are really getting past the point where it is reasonable to do much more on this board.
    We are not really in the business of personalised, case-specific advice here.
    Especially since we can't see whatever you've signed.
     
  6. Music Man

    Music Man Active Member

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    I asked a specific question that is also a general question, since this is something that most artists/musicians would come across. So can't understand why an answer or at least your own opinion is offered.
     
  7. Tim W

    Tim W Lawyer

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    For the reasons in my disclaimer and signature.
     

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