Legal Question in Entertainment Law in New York

Does this affect me? Copyright/Lyrics/Melody

Hello!

I did some sequencing (drum programming, etc...) with someone I know. I was later informed that the track had made the cut for my friend's record. I didn't ok this, and was actually suprised that it was being used. At the end of the tune, the vocalist's on the track start quoting a very popular tune for several bars. The underlying track is completely different though. My question is, can I get in trouble for this although I had no knowledge that this track was going to be used in this way and definitely had no hand in the lyrics?

Please help!


Asked on 4/06/06, 9:09 pm

2 Answers from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Does this affect me? Copyright/Lyrics/Melody

It's hard to predict what might happen but the principal liability for copyright infringement in music generally lies with the author of a new work and its producer/recording label. Whether you are an "author" by virtue of contributing drum programming to the final work is a question of fact and depends on your agreement, verbal or written, with the others involved in the writing and production of the new work, and your control over the final product. One can be "vicariously liable" for copyright infringement in some circumstances if he is credited with writing, production or something else on the record jacket. Talk to your colleagues and if they tell you things you do not like you may want to set the record straight by writing them a letter to limit your legal exposure to potential litigation.

The above is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 4/07/06, 10:25 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Does this affect me? Copyright/Lyrics/Melody

Generally, you canbe held liable for copyright infrongement or violation regardless. I understand your situation as I used to run an indie record label myself and found that a lot of artists had similar problems, feel free to contact me regarding this, or any other matter.

Carlos Gonzalez, Esq.

phone: 7185419077

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Answered on 4/07/06, 6:00 pm


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