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BH, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 313
Experience:  IP and Entertainment Attorney
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Entertainment Law : I own and operate a music school/studio.

Customer Question

Entertainment Law :
I own and operate a music school/studio. I have a few questions I need answered in regards ***** *****: 1. What are the legal terms in purchasing a song? Does Exclusive Rights me you forever have rights to that song and no one else can use it? 2. What is the legal term of purchasing a song to recorded and release on iTunes but there are other versions of the same song on iTunes? 3. I have a student who bought a song from a producer for $3,000 the producer is a unknown producer with unknown songs however she found out he sold the same song three times. She did a verbal agreement with no paper work with the deal. Does she have any legal rights?4.Where can I find the wording to the law of songwriting and ownership of song? I want to put a contract together but need to state he California Songwriting Policies. Thank you Cherie
Submitted: 2 years ago.
Category: Intellectual Property Law
Expert:  BH replied 2 years ago.
Songs are governed by copyright law. There are various components of a song and each being independently copyright protected. For example, someone who composes the music and writes it in sheet music owns the copyright in that composition. If someone else writes the lyrics, they own the copyright in the lyrics. If someone else then sings and records the song, they may own the copyright in the recording (often called a "master recording"). You can find out more about copyright law at A verbal agreement is covered by contract law. While it is true that a verbal contract can be a binding agreement, it is often hard to prove because it is one person's word against another. In the situation of your student, what your student actually paid for might be an exclusive license (meaning that the producer can not license the same song to another), it could be a non-exclusive license, or it could have been an assignment of all rights that the producer had. Without a written contract (or some sort of writing such as emails) it is very hard to prove which was granted. Licenses may also be very limited in scope, for instance, the right only to use the song for a certain amount of time but not the right to sublicense it or sell it on iTunes, etc. If you can please clarify exactly what you are trying to accomplish I can give you a more specific answer to your question.