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Sound Recording (Form SR): Who Owns
the Rights?
Q. I'm currently in a band and own some
recording equipment. I'm going to record the band's new CD.
I didn't write any of the songs. Is
it possible to fill out a form SR
to protect my rights to the bands new CD (It is a particular sound
recording that has been produced by me- not the songwriter), as well as
having the songwriter submit form PA to secure rights to the songs? I'm
not interested in song rights as much as I'm interested in album rights in this
situation.--J.T.
A. In this case you will need to adhere to the terms outlined in
your band agreement and in the recording contract. Under normal circumstances, the
songwriters and publishers own the rights to the song itself (Form PA). Also, under normal
circumstances, the record company that releases the record owns the Sound Recording (Form
SR). If you are releasing this CD yourselves and you are in the band and you are producing
it, you may have it outlined in your band agreement that you own the masters.
However, if you are a band as a collective as outlined by your band agreement, you will
all own equally in the Sound Recording itself.
Keep in mind: If you get picked up by a third party label, and they decide they like the
production as-is, you will most likely have to transfer your Sound Recording copyright to
the label.
If your band thinks that you are doing the recording as a "work-for-hire" you
will not have ownership of the entire sound recording. Remember - the Sound Recording only
protects THAT recording, not the content of the composition. If you need further
assistance, consult with your band's attorney, or with another qualified entertainment
attorney separate from the band. But keep everything above board, so your band does not
think you're trying to cheat them. You might find yourself out of the opportunity, and out
of the band!
Darcie-Nicole Wicknick, Founder
"...Ask Darcie" Freelance Music Business Services
Website: http://askdarcie.tripod.com
(617) 787-5798
AOL IM: askdarcie
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