Legal Question in Entertainment Law in California

Re: Production and Distribution of Non-Copywritten work(s)

First, the word you are looking for is "copyright" or "copyrighted." "Copywrite" is an entirely different concept and has nothing to do with legal protection for artistic works.

You do not mention whether you are the producer or the artist, but a few basic principles apply.

Copyright exists separately in the performance, in the lyrics, and in the music on a recorded work, and each is owned by the person who created it. A copyright can be transferred only in writing, never by implication, so "knowingly participating" is irrelevant. If the artists contract in writing (not verbally) with the producer to transfer/assign/sell their rights, then the producer could be the copyright owner.

Often, up-and-coming recording artists will agree to defer payments until the recording is sold, but it is not automatic.

Assignments of rights and amount of payments and timing of payments are all negotiable points that can vary widely. A competent, experienced music attorney will be able to help you work out the best deal, and the cost is well worth the aggravation and problems he/she will help you avoid.

Re: Production and Distribution of Non-Copywritten work(s)

This reply is based on the limited facts available and may change if more information was available. Knowingly participating has no impact on the other songwriters'/performers' rights. You need to pay them. The rate would generally be negotiated. A statutory rate can be obtained for the song (if this material has been published before). For you to obtain a license and/or own the copyrights, the agreement between you and the songwriters/performers must be in writing. If it is not, you are at risk. You cannot copyright something that you do not own, and from what I am reading, you probably don't own the material.

Re: Production and Distribution of Non-Copywritten work(s)

The copyright exists as soon as the work is recorded. It is probably jointly owned. The question of who owns it can be tricky.