Legal Question in Entertainment Law in Michigan

Original songs protected? Dont understand contest rules

I am submitting copyrighted original songs but not sure I am protected. I dont understand this excerpt from contest rules: ''By participating, you acknowledge that XXX may have access to music and lyrics which is similar to the materials submitted. You also release and hold harmless XXX from any claims (including claims for damages) by you, your heirs and/or your assigns based on an allegation that XXX's ownership of or right to use any music or lyrics is restricted by your submission of music and lyrics to XXX in connection with your submission.


Asked on 9/26/01, 10:46 am

1 Answer from Attorneys

Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Original songs protected? Dont understand contest rules

It is difficult to answer this question completely, inasmuch as only a portion of the agreement is included. All of the terms of the submission agreement must be considered to determine what protection, if any, is provided to someone who submits a song.

What is provided suggests that the company sponsoring the contest is trying to protect itself from a copyright infringement claim. The holder of a copyright might demonstrate that another person has infringed on the copyright, if the works are similar and the other person had access to the copyright holder's work. The contest company would have access to songs that are not available to the public, and it would not want someone submitting a song to be able to claim that the company copied the song or hired someone to write another song similar to it.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.

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Answered on 11/07/01, 4:30 pm


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