Legal Question in Entertainment Law in New York

Song Re-Released Without Permission

Recently I discoverd my songs, which I recorded some 50 years ago, has been re-released and is being sold in music stores and over the internet. My title song sold over a million records then. Unfortunately, many years have past, and I have no idea where the original contracts are.

As I prepare to take my voice back on the road, is there any thing I can do to be compensationed as the performing artist? Are there performance rights?


Asked on 8/24/01, 3:48 pm

1 Answer from Attorneys

Sam S. Aviezer, Esq. Law Office of Sam S. Aviezer

Re: Song Re-Released Without Permission

Dear Artist: if you have a reason to think that the sales volume of your recordings is again significant, you may want to explore retaining an entertainment attorney to audit your account with the record company who is re-releasing your songs. Even though you may not find your copy of the contracts, the record company will probably have them on file and will have to respond (following the appropriate legal demand) to your questions as to how much is being generaged from the new sales, where this money is going, and demand your share, if due.

As to Performance Rights: those belong to songwriters (meaning, composers and lyricists,) and not to the singers (who are called Artists). However, if you also wrote the songs in question, you may have a claim for Performance, Mechanical, (as well as to other types of royalties) in addition to what is due you as an Artist (singer). Best of luck.

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Answered on 9/03/01, 10:05 pm


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