What, that's not my song!

June 16, 2009 3:15 PM

If you're a performer, and a record label tries to release a single (that you had nothing to do with) with your name on it and tries to pass it off as your work, what legal action could you take to stop it?
posted by empath to law & government (8 comments total)

Are you getting paid for it?
posted by Geckwoistmeinauto at 3:20 PM on June 16

the question is for a friend, but the answer is no, he's not.
posted by empath at 3:20 PM on June 16

Is it his name, or is it the same name as his?

Basically, find a few entertainment lawyers and get a free consultation.
posted by rhizome at 3:24 PM on June 16

Did the performer previously give any of his rights, such as the right to use his name, to the record label?
posted by Jairus at 3:32 PM on June 16

This is a small time indy label doing digital distribution, and he's not sure yet if it's intentional or just unlikely coincidence that it's the same name/genre/etc, and filed under his name with all his other releases in the online store. Right now, he just wants to know what his options are if it actually is intentional. The money involved is so small that it's probably not worth getting a lawyer involved.
posted by empath at 3:34 PM on June 16

Did the performer previously give any of his rights, such as the right to use his name, to the record label?

Nope, has had no contact with them at all...
posted by empath at 3:35 PM on June 16

It IS worth getting a lawyer involved. It won't cost barely anything to have a music lawyer draft a quick letter of inquiry to the label to figure out what's going on. If it's a coincidence, you're done. If not, you're REAL happy the lawyer is involved already.
posted by Aquaman at 4:08 PM on June 16

Most likely this is an error on the retailer's part -- they got music from two artists with the same name, and assumed it was the same artist. I would contact them and see if they can sort it out.

Also, he should just contact the label and say he's already recording under that name. If it is a band name, one band just has to prove they had it first. If it is a person's name, he'll probably have to make a case for why he has more of a right to use it professionally than they do.

Realistically, if your friend isn't famous, why would anybody be trying "to pass it off as his work"? And if he is famous, just have his lawyers release the hounds.
posted by spilon at 4:17 PM on June 16