Question About Licensing & Copyright

smartabletonuser · Post by **smartabletonuser** » Sun Jun 24, 2007 4:57 pm

I just did a job for this company (about 1 minute of music for an animation). I sent them an invoice and they paid me for it. NOW, I have a question. Are they free to use the music wherever they like now? I assume that I still own the copyright and publishing, right?

Thing is that they are really excited about the music and want to do all these things with it now. This makes me nervous, so I want to sign an agreement that only gives them use for this one animation. However, they already paid me the small fee for the job. Do they have free reign with the music even though we never signed anything? They seem to think that the music is exclusively theirs now.

What would you suggest I do?

jez3122 · Post by **jez3122** » Sun Jun 24, 2007 5:14 pm

hmmm,
not at all sure about this, did they commision you to wright this piece specificley for them or is this a piece you'd written already and for a fee allowed them to use.
not even sure if this makes any difference,
but i'd be interested to know where you stand

3dot... · Post by **3dot...** » Sun Jun 24, 2007 6:23 pm

if they paid for it and you gave them an invoice... they own it...
next time draw up a contract and offer them to buy the rights... if they want to use it on more than one project...

smartabletonuser · Post by **smartabletonuser** » Sun Jun 24, 2007 6:51 pm

3dot... wrote:if they paid for it and you gave them an invoice... they own it...
next time draw up a contract and offer them to buy the rights... if they want to use it on more than one project...

hmmm... but technically, I still own the copyright don't I? I mean, I never signed anything with them. What if an ad agency hears it and wants to put it on TV, do I have any claim over it whatsoever?

synnack · Post by **synnack** » Sun Jun 24, 2007 7:01 pm

Depends on the contract. You did a contract for this work right?

smartabletonuser · Post by **smartabletonuser** » Sun Jun 24, 2007 7:04 pm

No contract. I wrote the piece specifically for this animation.

I haven't "signed" anything. I just sent an invoice for the piece and they paid me. There was a "general notion" that this was going to be a small job, used once for this particular animation. My billing reflects this "notion". But notions don't tend to stand up in court.

If they want to use it for things relating to the animation, that's totally fine with me. What I'm worried about is if it does become huge (and they think it will) and Pepsi wants to use it in an ad campaign - where do I stand? Is there anything I can do now to help solidify whatever rights I have to this song?

jez3122 · Post by **jez3122** » Sun Jun 24, 2007 7:07 pm

if you signed nothing how can they own it?
maybe you should seek legal advice. these things can get tricky

jez3122 · Post by **jez3122** » Sun Jun 24, 2007 7:12 pm

for example if i were to buy the rights to a beatles track, i would atleast need Paul Mc'cartny's signature....surely?

Khazul · Post by **Khazul** » Sun Jun 24, 2007 7:18 pm

Yours and their rights would have been outlined in the contract - if not - then oops.

scientist · Post by **scientist** » Sun Jun 24, 2007 7:44 pm

if nothings been agreed to via contract, then you still own the rights (in the u.s. at least). BUT, if you didn't make this clear to them they might assume they can do whatever they want with it. clarify with them that they didn't purchase the song, they merely licensed the right to use it for this one piece. the contract needs to specify these things:
1. region of use (north america, europe, etc.). open use will either be specified as 'worldwide' or 'the universe'.
2. length of use. specifies how long something can be used before they need to pay again. i generally try to wrangle 1 or 2 year licenses.
3. media of use. i.e. television advertising, web ads, cinema, etc.
4. modification. make sure they can't modify your music without your consent and/or participation.

protect your work with copyright registration and sign up with a performing rights agency (ascap, bmi, etc) so that if it does get wide distribution you'll get money every time it plays. and if in your conversations with the people who paid you, have them reference the ascap site for some basics about music authorship and ownership.

scientist · Post by **scientist** » Sun Jun 24, 2007 7:46 pm

double post.

jeskola · Post by **jeskola** » Sun Jun 24, 2007 7:50 pm

jez3122 wrote:for example if i were to buy the rights to a beatles track, i would atleast need Paul Mc'cartny's signature....surely?

michael jacksons bizzarly

jez3122 · Post by **jez3122** » Sun Jun 24, 2007 7:54 pm

yeah thats right i forgot, didn't but the elephantmans bones aswell? or was that just shit?

jez3122 · Post by **jez3122** » Sun Jun 24, 2007 7:55 pm

i meant didn't he buy, sorry

djsynchro · Post by **djsynchro** » Sun Jun 24, 2007 8:22 pm

In most countries only if you are employed does copyright and inventions (for patents) belong to your employer. If you do a free-lance job, like you did, the copyright & publishing rights still belong to you. If they want to make further use of it you they need your permission you can negotiate a "repeat fee" or whatever. Don't go all greedy and loose a clien though.

Good luck.