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Do I have s case on songs I created with s partner, he then left and is selling albums and playing live with the same songs

1 Answers. Asked on Apr 10th, 2017 on Intellectual Property - California
More details to this question:
I have original recordings if us rehearsing, coming up with the idea, have original lyrics, I have us playing live the same songs. I have from tapes full length CD.
Answers Showing 1 out of 1
Answered on Apr 11th, 2017 at 2:30 PM

Let me try to recast your facts in a manner a lawyer can understand, and then I'll have an answer for you.

You and the partner wrote a few songs. He has recorded those songs onto an album, and is playing them live. I assume that (1) he is not giving you credit for the songwriting, (2) is not using any of your performance -- just the songwriting, (3) there is no written agreement for him to take over sole ownership of the songs, and (4) he is making some money from those songs. The following is based upon those assumptions; if the assumptions are incorrect, then the advice would be different.

1. You have rights to the songwriting and whatever profit that has brought. In the absence of a written agreement, both of you jointly and severally own those songs, and can use them, license them, etc.

2. You need to consult a lawyer experienced in entertainment law to disucss what your next step might be, from a cease-and-desist letter to litigation. While what you describe is not, technically, copyright infringement, you do have a right to reimbursement for your contribution to the songs.

This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.

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Intellectual Property
The legal system recognizes the rights of people and companies that invent and create unique works, granting them ownership of those tangible and intangible assets through a number of intellectual property laws. Intellection property, or IP, includes patents, trademarks, copyright, trade dress and trade secrets. Intellectual property attorneys work with businesses and individuals (including inventors, writers, composers, artists and designers) to help protect these intellectual assets. IP lawyers and law firms can assist with taking initial steps to protect assets, while also working with clients to license items and to protect assets that are plagiarized, infringed and/or misappropriated.
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