Legal Question in Intellectual Property in Utah

Music recording

I have recorded 12 songs over the past year with a friend in his music studio. I paid for the first few sessions and he offered to record the rest of the project for free because of something nice I had done for him. But he has been increasingly difficult to contact and has been putting off the project. I told him I was willing to pay, but I'm still being put off. On Friday, I asked for my original recordings to take them somewhere else and finish the project. He said I'll have to start over, and he won't give me copies of the recordings. This is very informal and I have no contract with him. What are my rights to get those recordings from him?

Asked on 1/20/09, 6:04 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Music recording

You have the right to sue him for the recordings or their fair market value.

You may call for a free consultation.

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Answered on 1/20/09, 6:35 pm
Erik Ericksen Thorpe North & Western

Re: Music recording

You appear to own the recordings which were paid for and should be able to get them. However, the "free" ones could be difficult. Oral agreements are highly problematic. If you go to an attorney (like me), you may well pay more to get them back than to just re-record them with someone else.

From a practical standpoint, you may want to find out from him why he is refusing. It may be because he lost them, his equipment was repossessed, or maybe he just has a grudge. I would try to negotiate with him, maybe offer to pay a small incentive fee to hand over the recordings. If that doesn't work and you think the costs might be worth it, contact an attorney.

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Answered on 1/20/09, 6:43 pm

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