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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 41221
Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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I found out that a former band & members are attempting to

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I found out that a former band & members are attempting to play a song I wrote on a radio station without my permission tomorrow morning!! can I stop that release? I wrote the music and arranged the song, someone else wrote the lyrics.
Thank you for your question. Please permit me to assist you with your concerns.

Who specifically owns the copyright here, did you ever record your interest? Or is the copyright recorded under multiple names? Will they be giving you credit if they play the song? And where exactly are they planning on playing it?
Customer: replied 3 years ago.

1. I'm the primary on the copyright, but stupidly they're on it as well. it was a bad decision.


2. no, they are not giving me credit.


3. they are doing a release on a radio station tomorrow between 9am-12pm.


 


They will not communicate with me about the use and the removal of my recorded tracks. They replaced them without permission.


 


 


 

Thank you for your follow-up, Sterling.

A few thoughts here, if I may. If they are listed on the copyright, then they can play the song even without your permission. While they do have to give you credit, as part owners they can use the music as they are granted rights by being listed. They do have to give you credit as you were the initial creator, provided you recorded your interest. If they make any profit, they likewise have to provide you a portion based on your share of the copyright interest. Since it's 'their' song as much as yours under law, the only means available to you to stop the playing of this music is to contact the radio station directly, hopefully with an attorney, claim you have primary rights, and state that you are denying them the right to play. In essence you can try to spook the station with threat of lawsuit to stop the playing of it over radio waves until the actual ownership is litigated or finalized by the courts. But what terribly weakens your position is the fact their name is XXXXX XXXXX song as well. Even if you are primary, if they are listed they have a right to play it also but then they must grant you the interest in the song based on your creative input.

Good luck.

Customer: replied 3 years ago.

in the same thought, what if they try to release the music I wrote (most of the album) without my name associated as credit - as a body of work.

Because one member states "if you're not in the band, you're not entitled to anything". Of course, I know that's wrong, but can that release be stopped until that is ultimately fixed?


 


 

Sterling,

Thank you for your follow-up. Same logic would follow, if they do not give you credit, THEN you can sue for copyright infringement, losses to your reputation, punitive damages, their profits, costs to you, and so forth. You can try to stop the release with a court ordered injunction but tomorrow the courts are closed--that is why I suggested what is essentially an attempt to bully and bluster the radio station from taking this risk on. But I cannot guarantee that it would work as there is no court order in place.

Good luck.

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