Legal Question in Intellectual Property in Illinois

I am a hit songwriter selling millions of records. One most recently was up for a Grammy Award. My former publishers never forwarded statements reflecting my synchronization or mechanical royalties, although I receive public performance royalties from BMI. I have contacted Warner-Chappell Music on several occasions, since they now hold these copyrights through deals with my former publishers. They have so far ignored me. Some of the songs in question are nearly 35 years old. It is my intent now to cancel these existing copyrights and sue Warner-Chappell Music, my former publishers and all of the record labels that my songs appeared on for infringement. Please advise.


Asked on 2/04/10, 8:50 am

2 Answers from Attorneys

Donald R. Simon The EIP group

Maybe it is time to take it up a notch with some legal representation experienced in this type of work. If some of these copyrights are as old as you say they are, they may have reverted back to you. Do you have some of these older agreements available for review? My colleagues and i concentrate in entertainment and intellectual property matters. perhaps you could come to our office and meet with one of us to discuss your situation.

Regards,

Don Simon

773.882.4912

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Answered on 2/09/10, 9:00 am
Andrew Pavlinski Pavlinski & Elkins

You should be awarealso that it is necessary to have a copyright on file prior to initiating a suit in Federal Court. So, you may want to rethink any action to "cancel" the copyrights prior to reviewing your sync and other agreements. I agree with my colleage that it is time to have a detailed conversation with an attorney in the intellectual property and entertainment field.

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Answered on 2/09/10, 9:39 am


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