Yeah, I have a politely composed email...I suppose he potentially didn't realize that what he was doing was wrong...idk...
I agree you should ask him to cease and desist. Then copyright your songs. Then charge him royalties ...
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CWB: Hey 19
- Thread starter Thor
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I agree you should ask him to cease and desist. Then copyright your songs. Then charge him royalties ...
FM, you do have to stop him or at least get him to sign a license agreement or somethingof sorts. You MUST maintain ownership of your own material.
Did he contribute to the writing? (Note that if the drum line is his writing, he has a share in the writing credit or a claim to it).
But that also just means you all need to agree on what percentage each contributed. Unless there is some seriously unique drumming on the tracks, I would not yield more than 5%.
Our good buddy C3 has some knowledge of legal stuff and might be able to comment to you off the record but I don't know how his specific knowledge of music rights might be.
Still, thunk about this. If his band plays it in some bar where some super star happens by who hears it and wants to record the track you better make sure you have your rights tied up nice and tidy.
Did he contribute to the writing? (Note that if the drum line is his writing, he has a share in the writing credit or a claim to it).
But that also just means you all need to agree on what percentage each contributed. Unless there is some seriously unique drumming on the tracks, I would not yield more than 5%.
Our good buddy C3 has some knowledge of legal stuff and might be able to comment to you off the record but I don't know how his specific knowledge of music rights might be.
Still, thunk about this. If his band plays it in some bar where some super star happens by who hears it and wants to record the track you better make sure you have your rights tied up nice and tidy.
Not a copyright, but at the least, it gives some proof that you put the song there on a certain date. Now use that to copyright the song before this drummer and his new band beat you to it and then you have to sue to get the rights back.
Yes, I know that I've barely owned the Telecaster over a week and I have no right to buy another bass...
But I did...
TA-DA!!!
I had some snares listed on CL and I worked out a deal to trade for a 2010 Fender American Standard Jazz bass in Charcoal Frost finish. Great condition!
I already ordered a black Fender three ply pickguard for it.
But I did...
TA-DA!!!
I had some snares listed on CL and I worked out a deal to trade for a 2010 Fender American Standard Jazz bass in Charcoal Frost finish. Great condition!
I already ordered a black Fender three ply pickguard for it.
Yes, I know that I've barely owned the Telecaster over a week and I have no right to buy another bass...
But I did...
TA-DA!!!
I had some snares listed on CL and I worked out a deal to trade for a 2010 Fender American Standard Jazz bass in Charcoal Frost finish. Great condition!
I already ordered a black Fender three ply pickguard for it.
LOL Very nice bass, and it essentially didn't cost you a dime!
Tat2dHeart
Only two strings away from an attitude problem.
I'm taking a lot. GV said it was totally okay to take an obscene number of basses.
So I'm gonna.
Tat2dHeart
Only two strings away from an attitude problem.
And if that's not enough, you just let me know and I'll pay him a visit on your behalf.
I'm taking a lot. GV said it was totally okay to take an obscene number of basses.
So I'm gonna.
I'll bring one or two. (But I'll gladly help you to keep track of all of yours.)
I think that I have a buyer for my Vintage Modified Precision TB. I may be back to owning five basses again by the end of the day.
Tat2dHeart
Only two strings away from an attitude problem.
I'm up to 10 by the time I get to February. One coming at some point in November and one coming in February.
I just whittled mine down to one...proud
Alright...so I have this weird issue that I'm not entirely sure how to deal with...
A couple months ago, the S.O. (vox, guitar) and I were playing with a drummer. We've since moved on to a different drummer, so we haven't played with former drummer for a few weeks. When we played with former drummer, we introduced him to a few of our original songs...five with vocals and three without. So, today, S.O. gets a text from former drummer saying that he had recorded some of the practices(without our knowledge), and played them for the new band that he is playing with. They liked them, so they decided to play three of them out. Now, these are our original songs that they are out playing. I guess I'm a little flattered that someone wanted to "cover" our songs, but mostly I just feel violated...like really violated...and for those of you that know me well, you know that takes a LOT! Am I over reacting here? He really has no rights to any of our songs just because he played drums on them a few times, does he? To me, that just seems like a severe lack of integrity, and show of poor musicianship. These are our original songs. Aside from telling them to stop, I don't know what else to do.
Furry, read this:
http://publishing.wsu.edu/copyright/music.html
Also, read this discussion of patent vs trademark vs copyright.
http://publishing.wsu.edu/copyright/copyright_protects.html
Note in particular the copyright definition.
In reality, the law considers your music copyrighted by virtue of the fact that you created it.
The date of posting of the soundcloud stuff also helps date the compositions. You can further document the copyrights with the filing if you choose to.
Keep a record of the correspondence where he says he recorded the session.
The mere fact that he played drums on the session is meaningless, the songs already were composed with a beat or meter, and he contributed absolutely NOTHING, I would give absolutely no concession for that. I wouldn't even broach the subject.
This guy out and out stole your original music and is planning to play it out for his own personal gain.
Your note to him, (DO IT IN WRITING) is simply that it has come to your attention that he has illegally recorded your original copyrighted material and allegedly intends to use it in public performance, which is unfair use and plagiarism, that he should cease and desist from using this material forthwith without your express written permission (which is for sale, of course) and that he may be liable for royalty fees as well as attorney and court costs should he proceed to do so.
No need to be too polite, just tell it like it is. Then follow the advice and further document the copyright as necessary. Keep all the relevant notes and communications. A Cease and Desist letter is a must to protect the copyright, you need to go on record as the defense is that he told you but you didn't object, so there was 'implied' consent. But the copyright is not just implied, it already exists from a legal standpoint. You just strengthen the basis of proof of its existence with the filing. And the Cease and Desist is your formal objection to the unfair use.
The letter should be just straight forward and business like. No chit chat. Just put him on notice.
The guy is a shameless plagiarist and a thief. To record someone else's original intellectual property - musical composition - with out their knowledge and use that without permission is not only unethical, it's blatantly illegal.
Douchebag.
The MoCWB may be sending Mulebagger to Chitown for an attitude adjustment.
I'll be happy to 'kick' in for the Gas.
I currently have three basses and no immediate plans to add any more.
Lol..I think the mere sight of MB looming would be enough.
I just whittled mine down to one...proud
ONE BASS???!!!
Isn't that against the rules of Talkbass?
Seriously, good for you. That's a beauty by the way.
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