Can a sound technician claim copyright to music recordings?
June 11, 2020 3:44 AM Subscribe
My band hired a technician to record an album. How do we defuse potential copyright issues before they arise?
I recently recorded an album with my band, in which I am the sole songwriter. We hired a technician who brought his equipment and took care of the recording only. Additional recordings were done independently, and the production was carried out by a bandmate. Things turned out great and we have interest from labels.
I realized that I have no written agreement, nor proof of my payment with this technician (upon his insistence, I paid him in cash). While he was initially supposed to help with the production as well, he didn't end up doing so. I don't entirely trust him and would prefer that our arrangement be clear, before any music gets released. What do I do?
To complicate things further, the drummer is no longer in the band, and therefore, I am in a similar situation with him. Unlike the technician, he was unpaid. How do I square things with him?
I recently recorded an album with my band, in which I am the sole songwriter. We hired a technician who brought his equipment and took care of the recording only. Additional recordings were done independently, and the production was carried out by a bandmate. Things turned out great and we have interest from labels.
I realized that I have no written agreement, nor proof of my payment with this technician (upon his insistence, I paid him in cash). While he was initially supposed to help with the production as well, he didn't end up doing so. I don't entirely trust him and would prefer that our arrangement be clear, before any music gets released. What do I do?
To complicate things further, the drummer is no longer in the band, and therefore, I am in a similar situation with him. Unlike the technician, he was unpaid. How do I square things with him?
Response by poster: Your profile says you're in Poland - is this correct?
Yes.
posted by kolendra at 4:10 AM on June 11, 2020
Yes.
posted by kolendra at 4:10 AM on June 11, 2020
OK, cool. (Mostly I'm trying to head off myself or others giving you advice rooted in US copyright, which may not be applicable in Poland/the EU.)
And as an American, my main advice would be "You should really consult with a lawyer." (Or there may be cheap/free assistance & information available through the EU IP office and/or one of the Collective Management organizations authorized by the Polish government.)
Backing up a little bit, page 7 of this pdf FAQ from the European IP Rights website points out that there are two copyrights in play in music - the copyright to the song itself and the copyright to the sound recording.
we have interest from labels.
Here's reason number one you want a lawyer - at the very least you want someone to look over your contract, and while entertainment contract law is not IP law, hopefully you can find an entertainment lawyer who is either familiar enough with the basics of music IP to give you advice or can recommend someone.
We hired a technician who brought his equipment and took care of the recording only. Additional recordings were done independently, and the production was carried out by a bandmate.
In general this seems like they were hired to provide specific limited services and thus should not have any claim to the sound recording copyright (and either way would have no claim to the song copyright), BUT there seem to be some "record producer" clauses in EU copyright law (that I don't really understand) so there's reason number two - you want input from someone with experience to weigh in on whether their contributions are significant enough to give them some kind of inherent "producer" rights.
the drummer is no longer in the band,
And here's reason number three you want a lawyer - you want someone to advise you on what your ex-drummer's possible claims may be to the sound recording copyright (or even maybe the song copyright, or the future success of your band if they take the position that you wouldn't have gotten a label contract without their contribution) while being a member of the group - and these claims may have different weight if you did not have any kind of signed "member of the band" contract with the drummer.
posted by soundguy99 at 5:51 AM on June 11, 2020 [5 favorites]
And as an American, my main advice would be "You should really consult with a lawyer." (Or there may be cheap/free assistance & information available through the EU IP office and/or one of the Collective Management organizations authorized by the Polish government.)
Backing up a little bit, page 7 of this pdf FAQ from the European IP Rights website points out that there are two copyrights in play in music - the copyright to the song itself and the copyright to the sound recording.
we have interest from labels.
Here's reason number one you want a lawyer - at the very least you want someone to look over your contract, and while entertainment contract law is not IP law, hopefully you can find an entertainment lawyer who is either familiar enough with the basics of music IP to give you advice or can recommend someone.
We hired a technician who brought his equipment and took care of the recording only. Additional recordings were done independently, and the production was carried out by a bandmate.
In general this seems like they were hired to provide specific limited services and thus should not have any claim to the sound recording copyright (and either way would have no claim to the song copyright), BUT there seem to be some "record producer" clauses in EU copyright law (that I don't really understand) so there's reason number two - you want input from someone with experience to weigh in on whether their contributions are significant enough to give them some kind of inherent "producer" rights.
the drummer is no longer in the band,
And here's reason number three you want a lawyer - you want someone to advise you on what your ex-drummer's possible claims may be to the sound recording copyright (or even maybe the song copyright, or the future success of your band if they take the position that you wouldn't have gotten a label contract without their contribution) while being a member of the group - and these claims may have different weight if you did not have any kind of signed "member of the band" contract with the drummer.
posted by soundguy99 at 5:51 AM on June 11, 2020 [5 favorites]
I don't know the cost and logistics of squaring this away, but what cones to mind is Taylor Swift. It may make sense to have the record label re-record the album and use your new drummer. The label will close the circle so to speak.
But soundguy99 gives good advice about an attorney.
posted by AugustWest at 6:35 AM on June 11, 2020 [1 favorite]
But soundguy99 gives good advice about an attorney.
posted by AugustWest at 6:35 AM on June 11, 2020 [1 favorite]
I don't know the cost and logistics of squaring this away, but what cones to mind is Taylor Swift.
This is different. The equivalent would be if there was an agreement in place that the technician did in fact own the recordings, but the artist wanted to use them for something, but did not want to meet the technician’s terms.
But yeah, find yourself a lawyer.
posted by sideshow at 10:16 PM on June 11, 2020
This is different. The equivalent would be if there was an agreement in place that the technician did in fact own the recordings, but the artist wanted to use them for something, but did not want to meet the technician’s terms.
But yeah, find yourself a lawyer.
posted by sideshow at 10:16 PM on June 11, 2020
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posted by soundguy99 at 4:08 AM on June 11, 2020