Legal Question in Intellectual Property in Puerto Rico

how to ensure money from my songs

I have given a singer verbal

permission to use 4 songs

of mine for a CD she will

record soon. I will take care

of sending the songs

previously to the Copyright

Office and she is paying me

$100 per song to use them.

Here are some questions

1 I want to receive payment

for each song for each CD

sold. What are the legal

steps to achieve that?

2. The singer is paying the

whole process of recording,

reproduction and selling of

the CD. By doing that , is

she automatically the

publisher of those of my

songs which end up in the

CD?

3. If she is automatically the

publisher , will I be able to

receive payment for each

song in each sold CD ?


Asked on 8/03/06, 3:00 pm

1 Answer from Attorneys

Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: how to ensure money from my songs

Well, you have to enter into an agreement that properly and adequately protects your rights in the distribution agreement. For now, it would appear according to the information that you provided, that she is entitled to simply recording the songs and reproducing the CD's . You can always structure an agreement as to how much she will pay in royalties, depending on sales and other factors. This agreements are usually structured so that returns are more profitable depending on the volume of sales of the recordings. However, depending on the media used to reproduce the CD and to account for the sales, this can be a very demanding task. That is the reason why most artists and authors recur to publishing houses. These have standard agreements that will allow you different levels of control and involvement.

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Answered on 8/03/06, 5:12 pm


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