Legal Question in Entertainment Law in Texas

I recorded a song with a producer back in October of 2012. I wrote all lyrics & melody. The producer was contracted to produce the song for me to perform for a Halloween event. He was paid to do song. In December of 2012 I signed with the producers record label. He has now released the song on his own album, without my knowledge, I found out on Facebook when I saw the iTunes link. The song was said to be copyrighted & was not, song is not registered with ascap or bmi, the song is not listed with any credit to me, not even as performer. It's being sold, no payment/royalties to me & I haven't even seen any statements as to how much has been sold. I want to rerecord the song a different way & publish myself as I will be out the contract soon. Will I be able to do so, copyright it, etc, with no problems? I should still be owner of song right?

Asked on 9/27/13, 1:28 pm

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC
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Based on what you have written, there are a few items which require more clarification prior to being able to provide you an opinion. First, what are the specific terms within the producer's agreement? Second, what are the specific terms within the producer's record label contract? These agreement may address such a situation or may not even mention such, but no law firm or attorney can give you an opinion without reviewing said documents. You should consider consulting with a law firm and having the agreements reviewed to see what rights (if any) you have regarding the song.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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9/27/13, 3:30 pm

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