what are the legal steps i will make when my former band stoled and recorded my own song without my consent?
my former band stoled my song composition without asking my permission and i did not even consented them to do so. actually when i left the band i told them that i will leave them, continue their gigs but i remind them not to use/record my own composed songs. but after a month, i was so shocked when i heard my song on the local radio. any lawyers out there willing to give me legal advice? can i sue my former band on the grounds of stealing intellectual property?
Intellectual creations such as a musical compositions are protected by law from the moment of their creation. Meaning, even if the same is not yet registered under a copyright law, the same is protected and cannot be infringed (the word infringe refers to a copyrighted work). The following may be proper remedies for violations of intellectual creations:
1. injunction – a writ issued by a court to enjoin the violators from continuing the act of violation (recording and live performances of your creation);
2. file an application for a copyright of your songs. Once a song is copyrighted, the composer is entitled to all rights available under the copyright law.
Are your songs Copyrighted?
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While the songs do not need to be copyrighted for you to protect them, you DO need proof that you wrote and composed the songs without input from anyone else, including any member of the band.
You, as a member of the band, must show exclusive ownership rights to the words and music to have standing to sue for copyright protection.
References :
Songs are automatically copyrighted when they are written (music and lyrics) or recorded (sound recording). You would need to register the copyright however for you to have any standing. If you can prove the song is yours (i.e you have a recording of it from way back) then you should be able to stop them using it and make a cliam for any monies earned from this. Unfortunately it is very difficult to do this and it would probably be much easier to settle with them out of court. If you attempt to sue just remember it’s a risk as they could win (if it’s a case of 4 against 1 or similar odds), it may boil down to your word against theirs and if you lose, well court costs ain’t cheap ! Essentially if you can prove it belongs to you go for it, otherwise I’d leave it as you may be setting yourself up for a big payout !
Good luck
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studied music law (UK)
k first you need legal documentaution that it was your song like the original copy of the song. second you need to tell them that youd like to settle it in a diferent way a way where you aint gotta go through the binds of the court system like compensation or just reach a settelment now if they dont agree to it then id personally take my original copy of the song and take it to court so long as the document has your signatuer and the copy they have does not have your signature on it then you can sue
References :
Intellectual creations such as a musical compositions are protected by law from the moment of their creation. Meaning, even if the same is not yet registered under a copyright law, the same is protected and cannot be infringed (the word infringe refers to a copyrighted work). The following may be proper remedies for violations of intellectual creations:
1. injunction – a writ issued by a court to enjoin the violators from continuing the act of violation (recording and live performances of your creation);
2. file an application for a copyright of your songs. Once a song is copyrighted, the composer is entitled to all rights available under the copyright law.
References :