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#5665 - 05/15/02 11:41 AM ethics questions
desertmusician Offline
Junior Member

Registered: 03/22/02
Posts: 25
Loc: Yuma, AZ USA
I just found this site about a month ago and I really like it. Congratulations to whoever started it.

I have a few questions for songwriters. The easiest one is this: When one is a member of a performing group and writes songs which said group performs, what should happen to them when/if the band breaks up? Do you think the songs should "die" and everyone should move on, or do they still belong to the writer forever? I have been in this situation and I would like to keep my songs but have been told that was a no-no.

The other question is related: Should former members of our hypothetical band other than the songwriter be able to ever perform or claim the songs again? This has also happened to me, and I was quite offended. After we broke up, our former leader (who never wrote anything) revived some of our songs in his new group. They weren't mine, at least the ones I found out about, but I have a feeling he did take a few of mine that he really liked and just wouldn't admit it. Then, a few weeks later he started bugging me for music and lyrics to this awesome kickbutt song another friend of ours wrote, but whom neither of us had ever performed with. To me, this is unacceptable and tasteless, but I don't know maybe I'm off base here.

I guess I can't really stop him but it really made me mad. What does anybody here think? Is there any solution?

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#5666 - 05/15/02 11:55 AM Re: ethics questions
800dv Offline
Member

Registered: 07/03/99
Posts: 549
Loc: atlanta, georgia, usa
I've never really been in that situation , but , I believe that the songs that YOU wrote are yours . You should be able to continue on with those if you want to . A good example is Gary Numan . Alot of his earlier hits like DOWN IN THE PARK , ARE FRIENDS ELECTRIC , and BOMBERS were written when he was in TUBEWAY ARMY . He has always been the writer of all of his songs , so he still performs them today . If you want to protect you're songs , copyright them . That's the best thing you can do . If not , then this other person that you are talking about could go on to make money with you're songs , if they aren't copyrighten , then you have no leg to stand on .

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#5667 - 05/15/02 12:02 PM Re: ethics questions
Maximo Offline
Member

Registered: 04/02/02
Posts: 71
Loc: San Francisco, CA
This is the website that can answe to all your questions. www.Ascap.com

PS. You wrote the songs,the songs are yours!

Cheers,
Maximo

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#5668 - 05/15/02 12:17 PM Re: ethics questions
Nobby Offline
Member

Registered: 09/17/00
Posts: 707
Loc: Palmyra Mo. U.S.A.
Desertmusician,
You have copyright on the songs you write!
If you don't there is nothing to stop anyone
from stealing your songs! Once you have copyright he is breaking the law by claiming it! And if your song is ever sold on a recording, ( CD ect.) you are entitled to a %
of that sale.
Now don't ask me how you go about this cause I don't know! It's been talked about on this forum some time back. Maybe someone else will answer and let you know about it.
Hope this helps,
Nobby

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[This message has been edited by Nobby (edited 05-16-2002).]
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Nobby

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#5669 - 05/15/02 02:51 PM Re: ethics questions
Leon Offline
Member

Registered: 04/14/99
Posts: 585
Loc: British Columbia
desertmusician:
Just to echo Nobby's response.
Unless you've got rights to the song (music/lyrics) whatever...it's up for grabs by anyone with little or no ethics.
Copywrite laws differ from country to country, so it all depends on where your at....so to speak.
Good Luck!!
_________________________
...L

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#5670 - 05/15/02 07:52 PM Re: ethics questions
kaboombahchuck Offline
Member

Registered: 07/19/01
Posts: 275
Loc: Arizona USA
Here is the link to the library of congress copyright page http://www.loc.gov/copyright/
They will send you the forms that you request for free.

I know of a band that lost their leed singer (who wrote the lyrics), so they kept the music and changed the lyrics. I felt that was appropiate.

[This message has been edited by kaboombahchuck (edited 05-15-2002).]
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kaboombahchuck

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#5671 - 05/16/02 11:31 AM Re: ethics questions
desertmusician Offline
Junior Member

Registered: 03/22/02
Posts: 25
Loc: Yuma, AZ USA
Thanks everybody for your input. I guess there's a pretty clear consensus of what I should do. Only problem is I'm not sure how to do it. Thank you Maximo and kaboombahchuck for the links, but I'm just a little nobody and they look kinda intimidating. I'll try and figure it out. I want to keep writing so I guess I'll just be more careful about who I share it with.

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#5672 - 05/16/02 01:26 PM Re: ethics questions
KenB Offline
Junior Member

Registered: 05/16/02
Posts: 5
If a song is not copywritten, it is public domain. A band/singer/etc. can play it, modify it, slaughter it, sample it, use it on their answering machine and there is NOTHING illegal about it.

Once a copywrite is on a song, then those people that have ownership of the copywrite must give permission for the song to be covered, published, etc. Basically, if its copywritten - its illegal to use it without permission. However, someone can stand up on stage and sing a copywritten song, and if no one knows the difference - oh well. It takes a lawsuit to actually enforce (like the Stones suing Verve for 'borrowing' the lick in Bittersweet Synphony).

Pink Floyd had to come to terms with Roger Waters to continue to perform classic Pink Floyd tunes...that's usually what happens when a band wants to continue to play songs that have copywrites.

Every situation is unique. But here's the real killer. If that guy goes and gets the copywrite on the music before you or anyone else - you are screwed. Then he retains the copywrite and its almost impossible to reverse that. Then, even though you wrote the music, he gets the credit, and the right to make money from it without having to give you a dime.

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#5673 - 05/16/02 01:38 PM Re: ethics questions
desertmusician Offline
Junior Member

Registered: 03/22/02
Posts: 25
Loc: Yuma, AZ USA
That's scary.

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#5674 - 05/16/02 05:32 PM Re: ethics questions
kaboombahchuck Offline
Member

Registered: 07/19/01
Posts: 275
Loc: Arizona USA
Getting a copyright is really simple. If you have a sound recording of the works in question, simply go the the copyright page, get form SR, fill it out, include the $30 fee in the form of a check or money order, and the recording, send it in. If all you have is the lyrics, then get form PA.
Here are some tips:
The $30 fee may change as of June 2002
Send any requests via FedX, or UPS. The reason for this is that they are not accepting any requests from the USmail because of the anthrax thing.

If you really want these guys to stop using your music, copyright it. Even if the recording is of them.
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kaboombahchuck

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