Legal Question in Entertainment Law in California

Charging a fee for writing my student's song

Hi. Thank you for taking my question.

If I charge an hourly rate - 55.00 -- for writing a song and copying it down on music paper, do I lose my ability to own that song through copyright? Have I ''sold '' all rights to the song because I charged a fee for composing it

for my student?

Thank you again for taking my questio


Asked on 2/18/04, 12:18 pm

1 Answer from Attorneys

Erik Hart Law Office of Erik A. Hart

Re: Charging a fee for writing my student's song

On the few facts you have given, it's very difficult to give you a competent answer, and you may wish to talk to an attorney before you proceed.

On the facts you have provided, you may in fact, by charging a fee be found to be creating a "work made for hire" under the U.S. Copyright code, which would give the purchaser the copyright to the song. You mentioned that you have some sort of teacher/student relationship with the other party and that might complicate the matter further. The best thing to do is for the two of you to sit down before you begin work, and agree to what you will do, what you will be paid, and what each of you will own after the job is done. Put that agreement in writing. That way there is no ambiguity between yourself, the clent, and a future court if such legal action is required. If you don't feel you can properly draft such an agreement, you should hire an attorney to draft it for you, for a small fee.

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Answered on 2/18/04, 12:44 pm


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