Thread: Song Rights?
View Single Post
  #27  
Old 08-06-2019, 01:46 PM
AndyZ AndyZ is offline
Registered User
 
Join Date: Mar 2019
Posts: 3
Default

Hey all, new poster here... So this is an interesting topic with a lot of food for though posted. So I'll add a bit of real life experience and try to keep it short and to the point. I had a tune that got "lifted" was an international hit by an artist y'all would know (and I ain't gonna post who, sorry). Sold well over a million copies and was a video hit in the MTV days when they played videos still.

Getting a copyright infringement case in court is a tough one to collect on. They key to winning a case is you have to prove access. Meaning how did they get access to your song, that resulted in the lawsuit. I learned early in on my lawsuit that the copyright basically allowed me to sue for punitive damages as proof it was written and logged with the Copyright Office.

So my tale begins with, my writing partner handing a copy off to someone at a big pub co part of a label without me knowing. Within a year my writing partner gets cancer and passes away. Pub Co figures who would know he wrote it. So fast forward 2 years, I have a new band and we are doing the tune and I copyright the new version of it. Weeks later I start getting calls, "Hey I heard your tune on MTV"... Me, "WHAT?!"

I won't bore you with the details tracking all the parties involved, but got a lawyer who took it all on contingency, musicologists said it was the same song. Of course Pub Co said they don't hear any similarity. But because it was technical lifted before it was copywritten, I could only sue for actual damages. Now after royalties, legal fees, expenses (I would have had to pay) and writer splits if we won, I would have walked away with years of grief and maybe $15k. Because my partner passed away before the LA Riots in the 90s (our demo had his vocal on it) and the lifted version was said to be written about the LA Riots dating it after, gave me a 50/50 shot. All of my partners evidence was inadmissible because he was gone before the alleged infringement.

So moral of my story is still copyright, but make sure you can trace where you're tune could have gotten into someones hands. Keep notes! With proper documentation and if this ever happens to you, you'll have the firepower to win your case. Personally these days it's really tough to get placements or airplay of any sorts than ever, so for me if anyone wants to cover my tunes, have at it, but know I'll come after if I don't see my share or rights appropriated correctly. Been covering myself ever since that ill fated point in time...

Good luck with your tunes!
__________________
The Institute Of Noise music productions:
http://www.andyzuckerman.com
Reply With Quote